A federal judge has nullified President Donald Trump’s indefinite suspension of all federal approvals for new wind energy projects.
On December 8, Judge Patti Saris of the US District Court for the District of Massachusetts ruled in favor of 17 US states and the District of Columbia. These parties had filed a lawsuit in May against Trump’s ban on wind energy projects, declaring section two of the “Wind Order,” issued January 20, as unlawful. The ruling vacates the federal agencies’ indefinite pause on wind energy permitting implemented after the order.
Section One of the executive action, which paused all wind energy leasing activities, remains in effect.
Judge Saris described the indefinite pause as “arbitrary and capricious”, citing the agencies’ failure to justify the total suspension or recognize the investments made by states and developers. She emphasized the lack of 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 it violates the Administrative Procedure Act’s (APA) requirement for agencies to conclude matters within a reasonable time, noting that “not acting at all is not a lawful option.”
“Today’s decision is welcome news for the thousands of American workers and businesses across 40 states supporting offshore wind in the U.S.,” said Oceantic Network CEO Liz Burdock. She added that overturning the halt is essential for achieving energy and economic priorities, such as improving grid reliability and driving investments in manufacturing and shipbuilding.
Trump issued the “Wind Order” on his first day back in office.
The 17 states and the District of Columbia sued after the administration ordered a halt to Equinor’s Empire Wind 1 offshore wind farm off New York.
The Trump administration has since allowed construction on the project to resume.
Original Story at www.offshorewind.biz