News Source: Save Long Beach Island (Save LBI)
WASHINGTON, D.C., Oct. 2, 2025 (SEND2PRESS NEWSWIRE) — In a significant development for coastal communities and marine conservation advocates, the U.S. Department of Justice has informed the federal court in Washington, D.C. that the Bureau of Ocean Energy Management (BOEM) intends to reconsider its prior approval of the Empire Wind 2 offshore wind project. The announcement came in a filing made on September 30, 2025 in response to ongoing litigation brought by Save Long Beach Island, Inc. (Save LBI) and co-plaintiffs, including Save the East Coast, Protect Our Coast Long Island NY (POC-LINY), and other individuals and businesses, challenging previous federal approvals for the Empire Wind project.
Image caption: Save Long Beach Island, Inc. (Save LBI) and co-plaintiffs, including Save the East Coast, Protect Our Coast Long Island NY (POC-LINY).
In its submission, the government stated that BOEM “intends to undertake a reconsideration of its COP [Construction and Operations Plan] approval for Empire Wind 2,” acknowledging that the review could affect the scope of the case and any decision on the pending motions before the Court.
Empire Wind, slated to be located as close as 19 miles off the coast of New Jersey, with 57 wind turbines for Empire Wind 1 (816 MW) and up to 90 wind turbines for Empire Wind 2 (1,260 MW), has faced mounting scrutiny for potential violations of the Marine Mammal Protection Act (MMPA), the Outer Continental Shelf Lands Act (OCSLA), and the National Environmental Policy Act (NEPA).
Meanwhile, New Jersey Congressman Chris Smith has also asked U.S. Defense Secretary Pete Hegseth to pause Empire Wind based on national security concerns stemming from the potential for the wind turbines to interfere with air defense radars. Absent Executive action, the courts will decide the Empire Wind issue.
“This is a major admission by the federal government that its prior approval of Empire Wind 2 cannot stand as is,” said Bob Stern, Ph.D. scientist and president of Save Long Beach Island, Inc. “It strengthens the argument for a pause to the Empire Wind 1 project. The process and methods for presenting impacts were the same for both projects. If Project 2 has legal and scientific flaws, so has Project 1.”
The litigation continues with respect to Empire Wind, as Empire Wind 1 is under construction.
“The government’s reconsideration of Empire Wind 2 is a welcome step, and it functionally weakens the credibility of their defense of Empire Wind 1,” added Thomas Stavola Jr. Esq., attorney for the plaintiffs. “The projects cannot be separated – both approvals are built on the same tenuous legal foundation, and both must be revisited to comply with the law.”
Save LBI and co-plaintiffs Save the East Coast, Protect Our Coast LINY, and other individuals and businesses will continue to press their case in federal court, while urging BOEM to revise the rules for offshore wind approvals to fully address current environmental impact and legal shortcomings.
For more on Save LBI and key co-plaintiffs in the Empire Wind lawsuit, please visit:
Save LBI: https://www.savelbi.org/
Save the East Coast: https://save-the-east-coast.org/
Protect Our Coast – Long Island NY: https://pocliny.org/
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