ELR Citation: 56 ELR 20031
No(s). 23-cv-03510 (APM), 23-cv-03514 (APM), and 24-cv-01087 (APM) (D.D.C. Mar 20, 2026) (Mehta, J.)

A district court largely denied nonprofit groups' and historic property owners' motions for summary judgment in a challenge to BOEM's award of a lease for construction of a wind energy facility off the Rhode Island coast. Plaintiffs argued the authorization violated the National Historic Preservation Act (NHPA), NEPA, and the CWA. The court found BOEM adequately reviewed the project under both the NHPA and NEPA, but that plaintiffs' CWA claim could proceed because the wind company that intervened did not meet its burden on exhaustion. It denied summary judgment for plaintiffs and granted it for BOEM with respect to the NHPA and NEPA claims, and denied BOEM's motion to dismiss the CWA claim.