NORFOLK, Va. — Dominion Energy, AKA the Virginia Electric and Power Company, has filed a lawsuit in Norfolk against the Trump administration two days after the Department of the Interior announced a pause on five offshore wind projects — including Dominion's $11 billion Coastal Virginia Offshore Wind (CVOW) project off the coast of Virginia Beach.
The CVOW project, which Dominion says is nearly 80% complete, was issued a stop-work order that is costing the power company $5 million per day, according to the lawsuit, which impacts 2,000 U.S. jobs. There were 32 vessels and 528 personnel actively engaged in construction the day of the order, Monday, Dec. 22.
Dominion asserts it has not violated any laws in its project, and had coordinated with local, state, and federal government entities throughout the process.
Of the $11.2 billion slated for the project, nearly $9 billion has been spent, leaving the remaining funds in limbo. Halting the project also risks losing Dominion's energy customers $3 billion on fuel savings over the next decade, Dominion said.
When Interior Secretary Douglas Burgum said the five wind projects posed risks to national security, he stated, "unclassified reports from the U.S. Government have long found that the movement of massive turbine blades and the highly reflective towers create radar interference called 'clutter.'"
Dominion responded in its filing to say that it has coordinated with the U.S. Navy, Department of Defense, and NORAD through the years, adding that the project also aimed to strengthen the infrastructure at Virginia Beach's Naval Air Station Oceana — one of the largest naval air bases in the world.
Dominion is suing the Department of the Interior, Sec. Burgum, the Bureau of Ocean Energy Management (BOEM), and acting Secretary Matthew Giacona on four counts:
- The Administrative Procedure Act: "Under the APA, a “reviewing court shall … hold unlawful and set aside agency action … found to be … arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,” 5 U.S.C. § 706(2)(A), “in excess of statutory jurisdiction, authority, or limitations, or short of statutory right,” id. § 706(2)(C), or “without observance of procedure required by law,”
- The Administrative Procedure Act: "Under the APA, a “reviewing court shall … hold unlawful and set aside agency action … found to be … arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A). Judicial review is based on applicable law and the underlying administrative record. Id. § 706." ... "When a federal agency shifts its policy or reverses prior decisions, it must provide a reasoned and supported explanation for the change, or the action will be deemed arbitrary and capricious."
- Outer Continental Shelf Lands Act Citizen Suit: "OCSLA’s citizen suit provision provides that 'any person having a valid legal interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this subchapter against any person, including the United States... for any alleged violation of any provision of this subchapter or any regulation promulgated under this subchapter, or of the terms of any permit or lease issued by the Secretary under this subchapter.'"
- U.S. Constitution, Article IV: "The CVOW stop-work order is inconsistent with constitutional requirements and should be invalidated for that reason... Under the APA, a 'reviewing court shall … hold unlawful and set aside agency action' that is 'not in accordance with law.' 5 U.S.C. § 706(2)(A). DEV also has a right of action and courts should enjoin and declare unlawful official actions that are ultra vires and exceed the executive branch’s constitutional authority."
Dominion is asking the court to declare the order did not follow proper procedure, was in excess of statutory jurisdiction, was arbitrary and capricious, among other items. It asks the court to vacate the BOEM's stop-work order, and grant them relief for attorney fees and other costs associated with the lawsuit.
View the lawsuit document here
