Image 01 Image 03

Federal Judge Overturns Trump Halting Revolution Wind Project Construction

Federal Judge Overturns Trump Halting Revolution Wind Project Construction

Meanwhile, the Trump administration moves to revoke permit for Massachusetts offshore wind project.

Once again, a federal judge has intervened in the implementation of President Donald Trump’s executive orders and the work of his administration.

Legal Insurrection has been following the saga of the Revolution Wind offshore wind farm project, being constructed off the coast of Rhode Island. Earlier this year,  the Trump administration had ordered a halt to the project.  This stop-work order came despite the construction being about 80% complete, with 45 out of 65 turbines already installed and significant investment already made.

Then, court filings from the U.S. Department of Justice (DOJ) provide new insight into why the U.S. Department of the Interior (DOI) decided to withdraw its support.  Apparently, the developers (Ørsted and Skyborn Renewables) allegedly failed to submit required plans detailing how their construction and operation would impact national ocean research activities and American defense interests in the area.

Now, a federal judge has ruled that the Danish energy company Ørsted can restart work on Revolution Wind.

Judge Royce Lamberth of the U.S. District Court for the District of Columbia granted a preliminary injunction in a lawsuit that the developers of Revolution Wind had filed challenging the Interior Department’s stop-work order. The injunction means that construction can continue while the case moves forward.

“Revolution Wind will resume impacted construction work as soon as possible, with safety as the top priority,” Orsted, which is developing the wind farm in a joint venture with Skyborn Renewables, said in a statement. Orsted added that it would “continue to seek to work collaboratively with the U.S. administration and other stakeholders toward a prompt resolution” of the lawsuit.

The judge was concerned about the harm to the Danish company if the stop order remained in place.

Orsted had “demonstrated likelihood of success on the merits” and would likely suffer irreparable harm if the stop-work order remained in place while the litigation plays out, Lamberth said in his ruling.

The Trump administration could appeal. CNBC has reached out to the White House for comment.

Project officials indicated the company will proceed with construction promptly.

In a statement Monday, Revolution Wind said it will resume construction work “as soon as possible” following the judge’s decision. The project added that it will continue to “seek to work collaboratively with the U.S. Administration and other stakeholders toward a prompt resolution.”

Meanwhile, the Trump administration has moved to block a Massachusetts offshore wind farm.

The Bureau of Ocean Energy Management, or BOEM, filed a motion in federal court Thursday seeking to take back its approval of the SouthCoast Wind project’s “construction and operations plan.’’ The plan is the last major federal permit the project needs before it can start putting turbines in the water.

SouthCoast Wind, to be built in federal waters about 23 miles south of Nantucket, is expected to construct as many as 141 turbines to power about 840,000 homes in Massachusetts and Rhode Island.

The Interior Department action is the latest by the Trump administration in what critics call an “all-out assault” on the wind energy industry.

DONATE

Donations tax deductible
to the full extent allowed by law.

Comments

Lifetime appointments were a mistake.

    The whole point was to guarantee judicial independence, which is a basic foundation of our entire constitution. A judiciary that is not independent can’t be legitimate.

      healthguyfsu in reply to Milhouse. | September 24, 2025 at 11:28 am

      And do you think that independence has worked?

      Judges are partisan.

      chrisboltssr in reply to Milhouse. | September 24, 2025 at 11:59 am

      I can’t believe you’re making this dumb argument after seeing judged abuse their position to this degree.

      ztakddot in reply to Milhouse. | September 24, 2025 at 3:35 pm

      Can achieve some independence by appointing for 10, 15, 20 years and allowing streamlined reappointment, No need for lifetime. Reduces accountability since impeachment is lengthy process seldom used.

The Wind Energy Industry is an Obamascam. Always was.

Weird how federal regulatory power is treated as near-absolute until Trump takes office.

In second decree, the same Judge ordered the wind to blow and the sea to be calm.

    Joe-dallas in reply to MattMusson. | September 24, 2025 at 9:38 am

    fwiw – lamberth has been all over the map on his rulings over the last 20-25 years.

      Milhouse in reply to Joe-dallas. | September 24, 2025 at 10:57 am

      In other words he’s truly independent, as judges are supposed to be.

        Joe-dallas in reply to Milhouse. | September 24, 2025 at 2:09 pm

        Milhouse – As you have noticed over the years commenting here – we are almost always in agreement especially when our comments run against the preferred political result.

        That being said, my recollection of many of his opinions is that his opinions are all over the map. that being irrespective of whether the opinion is right leaning or left leaning.

          Milhouse in reply to Joe-dallas. | September 25, 2025 at 8:09 am

          In other words, independent. He makes up his own mind, and doesn’t toe a party line.

          In general his conservative credentials are solid, and he is not one who cares about being invited to the right parties. But his performance with the J6 protesters was very disappointing.

Ok, if I was the Dutch company I’d be reading the writing on the wall for this one. There will be no completion of this project and they will be left out of pocket even more had they just stopped now.

    rhhardin in reply to mailman. | September 24, 2025 at 8:04 am

    The loss can be recouped as a Taking. The government is free to stop it but has to make their loss.

      tlcomm2 in reply to rhhardin. | September 24, 2025 at 11:33 am

      They failed to complete required paperwork. Their fault. If I were them, I would rapidly attempt to do so.

        LibraryGryffon in reply to tlcomm2. | September 24, 2025 at 1:23 pm

        I wonder if they didn’t because they showed serious harm to the fisheries and to national security interests. They probably hoped that they’d get it finished before anyone noticed, and since the harm had already been done, might as well try and get electricity out of it.

    henrybowman in reply to mailman. | September 24, 2025 at 1:01 pm

    Sure. Let the company restart work — if they truly are all that stupid.

It sounds like a contract law matter.

Fifteen or twenty years from now, these behemoth wind turbines will all be broken, corroded and decaying as their remnants fall into the sea. The companies who scammed the taxpayers to erect them will be long gone and the crooked leftists who pushed this nonsense will be out of office. And sadly, no one will pay the price for this malfeasance except the American taxpayer. Wash, rinse, repeat.

Concerned about harm to the Danish company, as opposed to permanent harm to the US, its citizens, and its industries that will be damaged by the project. FFS.

    That was an eye opener of a reason to be giving for this judgement! Seems something not written in law anywhere eh, as in this project must continue because of the harm it might do to a foreign company! 🤔

      Milhouse in reply to mailman. | September 24, 2025 at 11:01 am

      What are you talking about? This is literally the biggest factor in deciding whether a preliminary injunction is warranted. It’s completely standard law, and a major part of every injunction decision ever.

        ztakddot in reply to Milhouse. | September 24, 2025 at 3:36 pm

        It’s a dutch company. Like it or not US interest trump foreign interests.

          Milhouse in reply to ztakddot. | September 25, 2025 at 8:11 am

          No, they don’t. In a preliminary injunction decision it makes absolutely no difference who the parties are. All that matters is whether the moving party is likely to suffer irreparable harm if they don’t get the injunction and then win the case.

To be appealed, I presume.

    RITaxpayer in reply to MTED. | September 24, 2025 at 9:55 am

    Damned well better be.

    The entire Revolution Wind project (65 turbines) is built in what is considered by NOAA as a HAPC (Habitat Area of Particular Concern) area. It’s vital for cod spawning and other marine wildlife. Especially on Coxes Ledge.

    We already know this is a boondoggle and why the other wind projects have been canceled.

    Yeah, it MAY be 80% completed but that’s better than 100%.

    Now is the best time to get those things out of the water
    Not later.

How many of these windmill monstrosities do the Danes have along their shoreline?

Commiefornia Refugee | September 24, 2025 at 10:03 am

I don’t recall that any Federal curcuit judge overturned Biden’s cancelation of the Keystone XL permit. The judiciary of the inferior courts is a one-way street to implementing Democrat policy.

destroycommunism | September 24, 2025 at 10:56 am

nice to see the courts continuing to do the lefts dirty work

OwenKellogg-Engineer | September 24, 2025 at 11:40 am

For the legal types: is this an estoppel situation? Or a (lack of) compliance matter?

    No, it’s just an injunction. The most important factor in considering an injunction is whether the moving party is likely to suffer irreparable harm if they don’t get it and then win the case.

For the people building this, it should be an easy decision to abandon the project anyhow. They’ve already lost a bunch of money, and the real question is whether they want to wager even more on the outcome of a judicial proceeding. Now look at how things have been happening where Trump tends to lose, until a judge who’s not a retard gets a look at the case and then he wins.

What a scam.

Usually, when a company fails to file required environmental impact statements the projects dead until the statements are provided and approved. Now a federal judge is saying that the ‘harm to the company’ outweighs the EIS. That has to be a first for the judiciary.

Wasn’t Judge Lamberth the Judge who tried to railroad General Michael Flynn?

    Milhouse in reply to dr. frank. | September 25, 2025 at 8:16 am

    No, not at all. He had no connection to that case.

    Lamberth is not a leftist at all. Which is why his treatment of the J6 protesters was so disappointing. He definitely didn’t do it out of partisan loyalty.

First, why should a judge care about whether a Danish or any other company loses revenue when businesses make and lose money all the time and, more importantly, the company in question has failed to meet its required reporting obligations?

Secondly, the Georges Bank area of the Atlantic off the coast of Southern New England is one of the most fertile fishing grounds and ocean habitats in the North Atlantic. It is also an area of strategic importance — anyone remember German U-boats and how many of them were in those same waters? Placing several dozen electromechanical behemoths in that area has and will continue to affect whales, dolphins, and sea life in general, and can likely cause issues when it comes to defense against submarines and surface ships.

Lastly, the electricity consumers in Southern New England are paying through the nose to subsidize this boondoggle when you know darn well that politicians are getting their palms greased. This is a business, not a charity. There is nothing altruistic or beneficent going on here. It’s all about greed and profit, but at what cost?

    Milhouse in reply to WestRock. | September 25, 2025 at 8:18 am

    1. Because all parties are equal before the law.

    Your points 2 and 3 are irrelevant; none of those things can be taken into account in deciding whether to grant an injunction. They are simply none of the judge’s business.