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Toyja Kelley

As seen in: JD Supra, Recharge, Open Legal Blog Archive
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Articles

Five For Five: How US law protected offshore wind - for now

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By Josh Kaplowitz, Toyja Kelley, Emily Jones
| Recharge Verified
Five For Five: How US law protected offshore wind – for now A 1946 statute governing federal agencies underlay all five court orders voiding Trump's latest stop-work orders, but risk remains, write Josh Kaplowitz, Toyja Kelley, Emily Huggins Jones and Ben Cowan, renewable energy specialists at US law firm Troutman Pepper Josh Kaplowitz, a lawyer specialising in regulatory, policy, and litigation in offshore wind and renewables for Troutman, Pepper Locke Photo: Troutman Pepper Locke
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Five For Five: How the APA Protected Offshore Wind (For Now)

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By Josh Kaplowitz, Ben Cowan, Toyja Kelley, Emily Jones
| Open Legal Blog Archive
On December 22, 2025, the Bureau of Ocean Energy Management (BOEM) issued short and nearly identical lease suspension orders that halted construction on five utility-scale offshore wind projects off Virginia, New York, Rhode Island, and Massachusetts, alleging new and classified national security threats.
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Empire Wind 1 Stop-Work Order Targets Offshore Wind but Raises Questions for Other Industries

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By Josh Kaplowitz, Ben Cowan, Emily Jones, Toyja Kelley
| Open Legal Blog Archive
On Wednesday, April 16, Secretary of the Interior Doug Burgum directed the Bureau of Ocean Energy Management (BOEM) to order Equinor to “stop work” on its 812 megawatt Empire Wind 1 project just outside of New York Harbor. This project is a major component of New York’s plan to meet its 2040 carbon zero goal, and received all of its federal approvals in 2023 and 2024 after more than four years of intensive federal, state, and local environmental review.
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