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.
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