Clean Energy
Federal Judge Allows Trump Administration to Reconsider Massachusetts Offshore Wind Permit
Ruling is a setback for developers who gained construction approval before President Donald Trump returned to office
South Coast Wind project, originally set to start construction next year in the non-gray shaded ocean wind lease area off Massachusetts, has been under development by a joint venture of EDP Renewables and Engie to have 2.4 GW of capacity at completion.
A federal district court judge in Washington, D.C., ruled Nov. 4 that the Trump administration can reevaluate a permit for the SouthCoast Wind offshore wind energy project that is planned for the waters off Massachusetts—sending the issue back to the U.S. Interior Dept., which has signaled it will reconsider the permit issued at the end of the Biden administration.
Trump administration officials have argued that the permit was wrongly issued, writing in a court filing they had "determined that the [construction and operations plan] approval may not have fully complied with the law regulating use of federal waters over the outer continental shelf," asking the court for permission to review the permit. Some local residents also oppose the project, saying it will actually cause damage to the Massachusetts coastline and marine life.
SouthCoast Wind, being developed in two phases by a joint venture of EDP Renewables and Engie, is set to be a 141-turbine project to deliver 2.4-GW of power at completion to Massachusetts and Rhode Island.
"A stay is appropriate for the reasons outlined above, and courts regularly stay proceedings to allow an agency to pursue further action on the rulemaking at issue," Judge Tanya Chutkan wrote in her five-page ruling.
SouthCoast Wind developers objected to the motion, arguing that the project had undergone an extensive four-year permitting process, but Chutkan ruled that there was room for more review despite their objections, and that staying the permit during reconsideration would not cause it "immediate and significant" harm.
SouthCoast Wind CEO Michael Brown said that the company has already invested $600 million into developing the project and the delay could threaten its viability.
"We are currently assessing the implications of the decision and will consider all appropriate next steps, including the pursuit of legal remedies, to ensure the project’s integrity and its long-term contribution to regional and national energy goals," he said in a statement.
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