Judge declares Trump’s offshore wind permitting ban ‘unlawful’

The judge ruled in favour of 17 states and the District of Columbia, including the Commonwealth of Massachusetts and the State of New York, declaring section two of the 20 January ‘Wind Order’ unlawful.

The ruling means that the administration must vacate the indefinite pause on wind energy permitting implemented by federal agencies following the order. Section One of the executive action, which previously paused all wind energy leasing activities, is still in effect.

Judge Patti 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 memorandum 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.”

Responding, Oceantic Network chief executive Liz Burdock said, “This decision is welcome news, not just for the thousands of American workers and businesses across 40 states supporting offshore wind in the US, 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. 

“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.”