The Independent Women’s Law Center (IWLC) and the America First Policy Institute (AFPI) have filed an amicus brief urging the U.S. Supreme Court to take up the case of Seafreeze Shoreside et al v. United States Department of Interior et al.
The case challenges the federal government’s authority and approval process for large-scale offshore wind energy projects, specifically focusing on the Vineyard Wind project off the Atlantic coast.
The brief supports a petition for certiorari, asking the nation’s highest court to review a decision by the U.S. Court of Appeals for the First Circuit.
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The groups argue the First Circuit erred by improperly deferring to federal agencies’ interpretations of the law, rather than conducting its own independent analysis as required by recent Supreme Court precedent.
The legal challenge stems from a 2021 Biden administration initiative aimed at significantly expanding offshore wind energy generation in federal waters to reduce reliance on fossil fuels.
Under this initiative, the Departments of the Interior, Commerce, and Defense approved the Vineyard Wind project following the preparation of an environmental impact statement under the National Environmental Policy Act (NEPA).
This marked the first approval of numerous large-scale industrial offshore wind projects planned for U.S. waters, and its approval had not previously been reviewed by any federal court.
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The initial lawsuit, brought by Seafreeze Shoreside and others, contended that the Vineyard Wind approval violated the Outer Continental Shelf Lands Act (OCSLA) and NEPA. They argued the project would significantly negatively impact marine navigation, safety, and national defense, as indicated in the administrative record.
However, the First Circuit upheld the project’s approval, largely adopting the district court’s deference to the federal agencies’ interpretations and actions. The IWLC and AFPI argue this approach contradicts the Supreme Court’s recent decision in Loper Bright, which clarified that courts must independently determine the best interpretation of statutes before giving any deference to agency interpretations.
The amicus brief contends the First Circuit wrongly allowed the Department of the Interior to “balance” statutory requirements against perceived congressional goals without first establishing the correct meaning of the law itself. This, the groups argue, creates a split among circuit courts, as other courts, like the Sixth Circuit, are correctly applying Loper Bright by prioritizing independent statutory interpretation.
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“The First Circuit’s decision undermines the constitutional principle that it is the role of the courts—not unelected officials—to interpret the law,” said Beth Parlato, senior legal advisor for Independent Women’s Law Center. “If not overturned, agency authority is broadened well beyond what Congress originally intended. It is time for unelected bureaucrats to be reigned in, especially within the context of the dangers and harm posed by offshore wind energy projects.”
Adding to these concerns, Gabriella Hoffman, director of Independent Women’s Center for Energy & Conservation, stated, “Government-subsidized offshore wind projects produce unreliable, expensive electricity and harm endangered North Atlantic right whales. These costly projects should be subjected to the same, if not more, scrutiny as other energy infrastructure projects—not expeditiously approved in the name of fighting climate change.”
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