A federal judge has struck down the US President Donald Trump’s indefinite halt of all federal approvals and permitting for new wind energy projects.
In a ruling on 8 December, Judge Patti Saris of the US District Court for the District of Massachusetts ruled in favour of 17 US states and the District of Columbia, who had filed a lawsuit against the sweeping ban on wind energy projects back in May, declaring section two of the “Wind Order”, issued on 20 January, unlawful, and to vacate the indefinite pause of wind energy permitting implemented by federal agencies following the order.
Section One of the executive action, which previously paused all wind energy leasing activities, is still in effect.
Judge Saris found the indefinite pause “arbitrary and capricious” because the agencies failed to explain why a total suspension was necessary or acknowledge the reliant interests of states and developers who have invested billions, noting it could not find a rational relationship between the “cursory” reasoning in the Wind Memo and the “immense scope of the moratorium” .
The Court also found the pause “contrary to law” , ruling that an indefinite halt on decision-making violates the Administrative Procedure Act’s (APA) requirement that agencies conclude matters within a reasonable time, stating “not acting at all is not a lawful option.”
”Today’s decision is welcome news, not just for the thousands of American workers and businesses across 40 states supporting offshore wind in the U.S., but also for the critical relief the wind industry will provide to lower skyrocketing electricity prices for millions of American families with reliable, affordable power,” Oceantic Network CEO Liz Burdock said.
”Overturning the unlawful blanket halt to offshore wind permitting activities is needed to achieve our nation’s energy and economic priorities of bringing more power online quickly, improving grid reliability, and driving billions of new American steel manufacturing and shipbuilding investments. We thank the Attorneys General and the Alliance for Clean Energy New York for taking this case forward to protect American business interests against the politicization of our energy sector.”
President Trump issued the ”Wind Order” on his first day back in office.
The 17 states and the District of Columbia sued after the Trump administration had ordered a halt to the construction of Equinor’s Empire Wind 1 offshore wind farm off New York.
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