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Josh Kaplowitz, an attorney in Troutman Pepper Locke’s Renewable Energy Practice Group, was quoted in the August 25, 2025 New Project Media article, “RISK: Experts Question Legal Grounds of Boem Stop-Work Order on Revolution Wind Project.”
The legal grounds for the recent stop-work order issued for Revolution Wind project are questionable, according to Troutman Pepper Locke attorney Josh Kaplowitz.
…
Kaplowitz likened the move to two recent circumstances: when Vineyard Wind halted construction in 2024 following a turbine blade failure, and when BOEM issued a stop-work order to Equinor’s Empire Wind Project, which was later lifted. Similar to the order halting Empire Wind, BOEM’s letter to Revolution Wind does not cite any wrongdoing or violation of its environmental permits.
“So, the Vineyard Wind project had a cessation order because of the blade falling, so I find it curious that they’re essentially doing something that they don’t really have the authority to do,” he said.
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Kaplowitz pointed out that BOEM is “extremely judicious” with its reviews before granting permits and often consults with the US Department of Defense for Outer Continental Shelf permits.
He added that if this were an order that cited a permit violation from BSEE, the agency would give Orsted a deadline to remedy the situation. But, similar to the stop-work order given to Equinor, this letter offers no timeline for the review to end.
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Meanwhile, Kaplowitz said Orsted has the option to sue and request a preliminary injunction to continue construction while that case is being decided.
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