The court case centres on the former Rhode Island attorney general Patrick Lynch’s decision in August to request the Supreme Court abolish the project's power purchase agreement with National Grid.
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.
