A federal judge in Massachusetts has struck down US President Donald Trump’s open-ended freeze on federal permitting and other approvals for new wind energy projects.
In a ruling issued on 8 December, Judge Patti Saris of the US District Court for the District of Massachusetts sided with 17 US states and the District of Columbia, which in May challenged the “Wind Order” signed on 20 January. The court held section two of that order unlawful and vacated the indefinite pause on wind project permitting that federal agencies had imposed in response.
Section one of the executive action, which previously halted all federal wind energy leasing activity, remains in force and was not affected by the decision.
Judge Saris concluded that the indefinite pause was “arbitrary and capricious” because the agencies did not explain why a complete suspension of permitting was necessary or address the reliance interests of states and project developers that have invested billions of dollars. The court said it could not identify a rational connection between the brief reasoning in the Wind Memo and the broad scope of the moratorium.
The court also found the freeze “contrary to law”, holding that an open-ended halt on decision-making breaches the Administrative Procedure Act requirement that agencies resolve matters within a reasonable time, and stating that simply not acting at all is not a lawful option.
In a statement, Oceantic Network chief executive Liz Burdock said the decision is positive not only for thousands of American workers and businesses across 40 states that support offshore wind in the US, but also for the relief the industry is expected to provide by helping reduce soaring electricity prices for millions of American families through reliable and affordable power. She added that lifting the blanket halt on offshore wind permitting is important for bringing more generation online quickly, improving grid reliability, and driving billions of dollars of new US steel manufacturing and shipbuilding investment. Burdock also thanked the state attorneys general and Alliance for Clean Energy New York for pursuing the case to protect US business interests from the politicization of the energy sector.
President Trump signed the Wind Order on his first day back in office. The 17 states and the District of Columbia filed suit after the administration ordered construction of Equinor’s Empire Wind 1 offshore wind project off New York to be halted.
