The court case centres on the Rhode Island attorney general’s decision in August to request the Supreme Court abolish the project's power purchase agreement with National Grid.
Attorney general Patrick Lynch has teamed up with the Conservation Law Foundation Rhode Island to request the PPA be overturned.
Deepwater Wind's PPA with National Grid for Block Island was agreed in August. The company said construction of Block Island would depend on how and when the case was resolved.
In a January interview with the New York State paper, The Watertown Daily Times, Deepwater Wind CEO William Moore is quoted as saying that he anticipated construction would start in 2013 rather than 2012 as planned.
The company had planned to commence commercial operations at the 28.8MW Block Island demonstration project in 2012, but construction may now start in 2013.
Deepwater chief development officer Paul Rich told Providence Business News that one of the contingency plans under review would start construction in 2013, but that these were not definite plans.
The project will consist of five-to-eight turbines about three miles southeast of Block Island, Rhode Island.