The future of Dominion’s Coastal Virginia Offshore Wind Commercial Project (CVOW) remains uncertain following an order from the Trump administration that construction needs to be stopped due to national security concerns. A hearing has been set for January 16, 2026 for a federal judge to determine whether classified information bears out that claim.
This development took place over the winter holidays at a time when many may not have been paying attention.
The United States Department of the Interior issued an order on December 22 declaring that CVOW and four other installations in the Atlantic Ocean had to be paused. President Donald Trump is a fierce critic of wind energy and signed an executive order on his first day in office to end further exploration of new leases.
Dominion Energy Virginia filed a lawsuit the next day in the United States Court for the Eastern District of Virginia seeking the ability to resume construction of a network of offshore wind turbines that if completed would generate 2.6 gigawatts of electricity a day. They argued CVOW is fully permitted and will begin generating power in early 2026.
“[The Bureau of Ocean Energy Management]’s order sets forth no rational basis, cannot be reconciled with BOEM’s own regulations and prior issued lease terms, is arbitrary and capricious, is procedurally deficient, violates the Outer Continental Shelf Lands Act, and infringes upon constitutional principles that limit actions by the Executive Branch,” reads the second paragraph of the complaint.
Paragraph three argues there is no threat to national security from offshore wind and that Dominion Energy Virginia has taken steps to mitigate the impact to the environment. Paragraph four argues the company has spent $9.2 billion on the project to date and that ratepayers are paying the costs.
“Our Nation is governed by laws and a stable legal and regulatory environment is essential,” reads paragraph 5. “Sudden and baseless withdrawal of regulatory approvals by government officials cannot be reconciled with the predictability needed to support the exceptionally large capital investments required for large-scale energy development projects like CVOW.”
The complaint argues there a strict timeline must be followed in order for the project to be completed and the delays will increase the cost, a cost that will be borne by ratepayers. Paragraph 8 describes how other actions taken by BOEM to half offshore wind projects have been thrown out in court.
“The current CVOW Order is likewise unlawful,” the paragraph concludes.
The Bureau of Ocean Energy Management awarded the lease to Dominion Energy Virginia in 2013 for a 112,799-acre beginning 27 miles off the coast of Virginia. A two-turbine demonstration project has been in operation since 2020.
Interior responds
On December 26, a federal judge gave the Department of Interior more time to provide classified information used to justify the order./
A hearing had been set for this afternoon on a motion filed by Dominion Energy Virginia on December 24 for a temporary restraining order to stop the December 22 directive.
Dominion argued that any delay would cause cost increases to a project expected to begin generating energy sometime in 2026.
On December 27, attorneys for the Bureau of Ocean Energy Management filed a motion in opposition of the temporary restraining order.
“Plaintiffs have not demonstrated that irreparable harm will materialize during the period that would be necessary for the parties to brief and for the Court to decide the latter motion,” reads the response. “Further, in issuing the suspension order that Plaintiffs challenge, the Bureau of Ocean Energy Management relied on classified information from the Department of War.”
The response states that the classified information could be reviewed by the Court during the week of January 5 due to the holidays.
The response also states that President Trump’s executive order directed review of all leases, pending and issued. The CVOW project was reviewed in November 2025 by members of the newly rechristened Department of War who shared the classified information with the Department of Interior, leading to BOEM’s order. (read their response)
On December 28, Judge Jamar K. Walker agreed to delay a court date scheduled for the next day in order to give the Bureau of Ocean Energy Management time to share information about the classified information.
Dominion Energy Virginia then filed a motion asking for a reconsideration which Judge Walker denied and then issued another order.
“In its motion for reconsideration… Dominion implicitly requested that the government share the classified information underlying its decision to issue the stop-work order with Dominion personnel who have the necessary security clearance,” reads the order. “The government is DIRECTED to inform the Court on or before December 31, 2025, whether it intends to share the classified information with Dominion employees and/or counsel who have a secret security clearance.”
In a response, BOEM said they will share the information with the court but not with the plaintiffs.
“The Department of Justice, however, does not intend to share the classified information with Plaintiffs or their counsel as part of the litigation,” reads the response filed on December 31.
Judge Walker’s denial of Dominion’s motion of reconsideration was codified in an order on December 31 which provided a further explanation.
“The Court could not have fully evaluated the validity of the government’s stated reason for the stop-work order without reviewing the information on which the order was based,” reads the December 31 order. “Therefore, by providing the government some time to produce the classified information underlying its decision—and soliciting briefing on a preliminary injunction—the Court has left open a path for Dominion to prevail in its pursuit of preliminary relief.”
Other views
The project also faces opposition from legislators including both of Virginia’s federal Senators.
“Virginia’s offshore wind project has undergone years of rigorous review and represents a critical step toward strengthening our energy independence, lowering energy costs for American families, growing our clean energy economy, and positioning the Commonwealth as a global leader in this industry,” reads a joint statement from Senator Tim Kaine, Senator Mark Warner, and Representative Bobby Scott (D-3). “When a project that has met every requirement is suddenly stopped without explanation, it is fair to ask whether this decision is being driven by evidence, or by personal and political grievance.”
Republican Congresswoman Jen Kiggans, a Republican from Virginia’s 2nd District, said she was disappointed in the decision and she would fight to restore construction.
“Halting CVOW at this stage is disastrous for our energy security, our local economy, and our national security as it relates to military readiness,” Kiggans said in a statement. “I am anxiously awaiting answers from the administration regarding this directive.”
Four other leases were paused in the December 22 action. Governors from four other states, all Democrats, issued a statement on December 24 demanding the new order be rescinded.
“The sudden emergence of a new ‘national security threat’ appears to be less a legitimate, rational finding of fact and more a pretextual excuse to justify a predetermined outcome consistent with the President’s frequently stated personal opposition to offshore wind,” reads the statement from New York Governor Kathy Hochul, Massachusetts Governor Maura Healey, Connecticut Governor New Lamont, and Rhode Island Governor Dan McKee.
Virginia Governor Glenn Youngkin has been silent on the issue.
Before you go: Paid subscribers cover the cost of conducting research for this article which is put together two separate stories written for Charlottesville Community Engagement over the holidays. You can either subscribe through Substack, make a monthly contribution through Patreon, or consider becoming a sponsor. The goal of Town Crier Productions is to increase awareness about what is happening at the local, regional, state, and federal government levels. Please share the work with others if you want people to know things.
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