Renewable Energy Projects
Boston Federal Court Rejects Trump Blanket Halt of Wind Energy Approvals
Sector observers are watching if and how the ruling will affect progress on the large New England Wind offshore wind project, with its expected development area seen above in yellow shading; although the Vineyard Wind project, seen in blue-gray shading, is partially operating and has not been affected by a White House-directed halt.
A U.S. federal court judge in Boston on Dec. 8 threw out the indefinite halt by federal agencies of onshore and offshore wind energy project permitting that was mandated in a Jan. 20 executive order by President Donald Trump.
The ruling comes in a lawsuit filed soon after the order by 17 states led by New York and Massachsetts, and including the District of Columbia. against the order that interrupted the federal approvals of projects, pending more review. Other states joining as plaintiffs are Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island and Washington.
Judge Patti B. Saris found the indefinite pause “arbitrary and capricious” because agencies failed to explain reasons for the actions or acknowledge impacts to states and developers that could lose big investments in projects, and that they also are violating federal procurement law.
"Massachusetts has invested hundreds of millions of dollars into offshore wind, and today, we successfully protected those important investments from the Trump Administration’s unlawful order,” said state Attorney General Andrea Campbell.
Just days before the ruling, the U.S. Interior Dept. moved to halt and reconsider all 2024 federal approval given to the two-phase New England Wind Project set to be developed off the Massachusetts southern coast and generate up to 2.6 GW at completion, with similar action threatened against the South Coast Wind project, set to generate 1.2 GW in its first phase but with not all federal approvals or its state power purchase contract completed, and facing a separate lawsuit.
A White House spokesperson who told local media that wind projects were given "unfair, preferential treatment" during the Biden administration, did not indicate if or when the Boston federal judge's rulng would be appealed.
Case participants will meet with the judge during the week of Dec. 14 on legal issue followup, with the administration then having 60 days to decide on an appeal.
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“Whatever the federal administration’s position is on wind power, it does not have the right to arbitrarily ban development of this sustainable energy resource,” Maine Attorney General Aaron Frey noted.
Some wind energy supporters are optimistic that the significant ruling could revive offshore wind development the Trump actions had caused to pretty much shut down in some states, such as New Jersey, but others worry whether it can "immediately unlock approvals or end the political uncertainty that has persuaded some developers to scale back their US ambitions," said wind sector publication Recharge.
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