Capitalizing on Offshore Wind: Investment and Legal Challenges

Offshore wind power generates electricity from large wind turbines out at sea, with higher wind speeds producing more energy. Offshore wind generation continues to increase in Europe, China, and other parts of the world. In the U.S., New York and much of the East Coast are also planning to get in on the offshore wind boom.

However, capitalizing on offshore wind requires cooperation between states and the federal government. Many current wind power projects are on hold. For more information about the offshore wind industry in New York, talk to an experienced environmental law attorney.

Offshore Wind Power in New York

“Studies that I have seen make a compelling case that shifting to renewables will save consumers money and create tens of thousands of jobs,” says environmental law attorney Dan Chorost, a partner at Sive Paget Riesel in New York City who focuses on offshore wind energy.

New York’s Climate Leadership and Community Protection Act (CLCPA) set a goal of providing 70% of New York’s electricity from renewable energy sources by 2030. Part of this plan includes developing 9,000 megawatts (MWs) of offshore wind power capacity by 2035, enough to power about 6 million homes.

As of June 5, 2026, the state has only achieved 1% of the 2035 offshore wind installation goal (132 MW), with about 20% in the pipeline (1,734 MW). Governor Kathy Hochul announced plans to roll back provisions of the CLCPA. Planned 2027 budget amendments would eliminate the 2030 target of a 40% reduction in greenhouse gas emissions from 1990 levels to a 60% reduction by 2040. As of 2023, New York has achieved a 14% reduction.

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State-Level Support for Developing Offshore Wind Capacity

“People refer to the waters off the northeastern United States as the ‘Saudi Arabia of offshore wind’ because we have the perfect combination of strong winds, shallow ocean, and demand,” says Chorost.

“Political support for offshore wind is strong from Maine to Maryland,” adds Dr. Stephanie McClellan, founder and advisor to the Special Initiative on Offshore Wind at the University of Delaware. “On the East Coast, for example, the amount of electricity that can be generated — 1,300 gigawatts — can meet all the power needs of the entire East Coast.”

However, capturing this energy presents significant challenges. The environmental impacts include conflicts with commercial and recreational fishers and disturbances to marine habitats. There’s also a need for onshore and offshore space to assemble the equipment. This is no small task considering the size and scope of offshore wind development.

“The new generation of offshore wind turbines is roughly the size of the Chrysler Building, and the blades are each larger than a football field,” says Chorost.

Wind turbines, offshore wind farms, and offshore wind projects will be located 15 to 30 miles offshore, minimizing their visual impact. However, there’s the matter of getting them built and hauling them through urban areas and under low bridges.

Federal Opposition to Offshore Wind Projects

Many New York and East Coast offshore turbines would be located on the continental shelf in federal waters. This requires federal government leases and approval, which is a stumbling block in times of fierce partisanship. While many of these projects were proposed and approved under the Biden administration, the Trump administration opposes offshore wind projects, favoring the fossil fuel energy sector.

The U.S. Department of the Interior (DOI) announced in December 2025 that it would suspend leases for large-scale offshore wind projects, citing national security concerns. The suspension paused New York’s Empire Wind 1, which, according to the project, is more than 60% complete, and large-scale projects in other states, including:

• Vineyard Wind 1 off Massachusetts
• Revolution Wind off Rhode Island and Connecticut

Federal courts struck down these orders in early 2026, allowing construction on active offshore wind projects to continue. In response, the Trump administration made a deal with TotalEnergies to cancel two of its offshore wind leases and redirect investment to fossil fuel projects. In exchange, the Trump administration would pay the company nearly $1 billion. New York’s attorney general sued the Trump administration over this buyout. Six other coastal states joined in challenging the DOI’s cancellation of the offshore leases.

Offshore wind power development will likely pause for the next few years because of the current administration’s opposition. These delays present a significant barrier to New York’s offshore wind and renewable energy goals.

“Trillions of dollars were spent to build the fossil fuel infrastructure, and that industry will not be replaced overnight,” says Chorost. “But this transition is happening, is necessary, and has the incredible potential to drive our economy while at the same time decreasing our reliance on foreign oil.”

Legal Advice About New York Offshore Wind Projects  

State and federal conflicts over renewable energy projects, climate change, and lease approvals leave many stakeholders unsure about how to plan for the future. For legal advice about current policies and planning strategies, talk to a local environmental law attorney.