Activist federal judges once again demonstrate bias against Trump administration policies

WASHINGTON, Jan. 16, 2026 — A coalition of public interest groups engaged in an ongoing legal effort to halt construction of the large-scale Virginia offshore wind project is criticizing a federal district court judge’s ruling to reverse a Department of the Interior order that had paused the project’s construction due to national security concerns. The Coastal Virginia Offshore Wind (CVOW) project is situated 25 miles off the coast of Norfolk, Virginia—site of the world’s largest military complex.

On Friday, Judge Jamar Walker of the U.S. District Court for the Eastern District of Virginia issued an injunction that lifted the Department of the Interior’s suspension of the project’s construction.

Over the past decade, the U.S. Navy has released a series of classified reports vehemently opposing offshore wind development, citing risks to national security and interference with military readiness and operations. These reports have argued that, for these reasons, most of the waters off Norfolk are ill-suited for offshore wind projects. Despite these objections, the Obama and Biden administrations compelled the Department of Defense (now the Department of War) to approve the construction of the CVOW project.

In 2024, the Committee for a Constructive Tomorrow (CFACT), the Heartland Institute, and the National Legal and Policy Center (NLPC) filed a lawsuit against the Biden administration to stop construction of the Virginia Wind project, alleging violations of multiple environmental and administrative permits. This lawsuit is currently pending in the U.S. District Court for the District of Columbia.

The following statements are available for attribution. For additional details or to arrange an interview, contact Judy Kent, CFACT’s Director of Media Relations, at 703-477-7476 (call/text).

“Rather than respecting well-documented military concerns, a single federal judge—lacking expertise in national security—has chosen to override the informed judgment of military experts. Adding to the issue, the federal district court lacks jurisdiction to rule on this matter, as it is fundamentally a contract dispute between the government and a wind energy developer. Such disputes are exclusively within the purview of the Court of Federal Claims, which cannot issue injunctions. The Department of the Interior should appeal this decision without delay.”

“This is an incorrect ruling that disregards long-standing U.S. Navy opposition to offshore wind and its clear threat to national security. Moreover, this decision was made by the wrong court. As the D.C. Court of Appeals recently determined, disputes between a government contractor and a federal agency must be adjudicated in the Court of Federal Claims, which lacks authority to issue injunctions. We are confident the Department of the Interior will quickly appeal this decision.”

“This ruling is both poorly reasoned and legally flawed, though not unexpected given the political inclinations of the judge’s appointers. There are substantial reasons—rooted in threats to national security and endangered species—to cancel this hastily approved and inadequately reviewed project. Strategic forum selection placed this case in a U.S. District Court favorable to Dominion Energy, when it should have been heard in the U.S. Court of Federal Claims.”

MEDIA CONTACT
Judy Kent
703-477-7476

SOURCE Committee For A Constructive Tomorrow