Kilmartin said that "after careful consideration" he would be withdrawing the suit. In doing so he was making good on a pre-election promise.
Previously Kilmartin has championed RI's offshore wind plans in terms of job creation. Deepwater Wind eventually plans to build a 1GW wind project.
The withdrawal of the challenge will come as a relief to Deepwater Wind, who said the case could delay the project by as much as a year. Construction was due to beging in 2012.