U.S. District Judge strikes down Trump halt on wind energy approvals

Written by Nick Blenkey

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In a ruling in U.S. District Court for the District of Massachusetts, Judge Patti B. Saris yesterday struck down President Trump’s halt on approvals of all wind energy projects on federal lands and waters.

Judge Saris found that the sweeping ban was “arbitrary and capricious.” She ruled that section two of the wind order was unlawful and ordered it vacated in its entirety.

The case had been brought by New York State Attorney Letitia James, leading a coalition of 17 attorneys general, and the Alliance for Clean Energy New York.

New York leads 17 state coalition filing lawsuit to end Trump offshore wind energy halt

The Oceantic Network notes that section one of the executive action, which previously paused all wind energy leasing activities, is still in effect.)

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,” said Oceantic CEO Liz Burdock, yesterday. “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.”