By Shirleen Guerra | The Center Square
(The Center Square) – The U.S. Department of Justice says classified information tied to the federal government’s offshore wind construction pause will not be shared with Dominion Energy in the ongoing litigation.
In the filing, federal attorneys said the classified information will instead be submitted directly to the court for review if requested. The material would be reviewed privately by the judge through an ex parte, in camera process, meaning it would not be disclosed to the parties.
“It has long been the federal government’s position that civil litigation does not provide private entities or individuals the requisite ‘need to know’ classified information,” the filing states, even if individuals have previously been found suitable to receive access to classified information and hold security clearances.
The filing was submitted after the court directed the federal government to state whether it intended to share classified information with Dominion personnel or counsel who hold security clearances.
According to the filing, the process for determining whether classified information may be shared outside of litigation is separate from the issues currently before the court. The Justice Department also said it does not interpret the court’s earlier order as requiring classified information to be presented or discussed at a hearing scheduled for Jan. 16.
Dominion filed suit in late December after federal agencies issued a stop-work order affecting the company’s Coastal Virginia Offshore Wind project off the coast of Virginia Beach. As previously reported by The Center Square, Dominion is seeking emergency relief that would allow construction to resume while the case proceeds.
As of Wednesday, the stop-work order remains in place pending further court action.