US judge lets New York-led state offshore wind suit against Trump proceed
Litigation seeks to stop President’s anti-sector order freezing permitting that it claims will derail clean energy mandates and threaten power supply
A federal judge has allowed a lawsuit by a coalition of 17-states led by New York and Massachusetts against President Donald Trump's administration for its anti-offshore wind memorandum to proceed over objections of the Department of Justice (DoJ).
In a hearing Wednesday, Massachusetts federal District Court judge William Young said he would allow the suit to proceed against Interior secretary Doug Burgum, while dismissing actions directly against Trump and other cabinet secretaries.
The Department of the Interior oversees the Bureau of Ocean Energy Management, the main federal regulator of offshore wind development.
The suit targets Trump's order freezing wind permitting and leasing on federal lands and waters while putting existing arrays under added scrutiny with a goal of “terminating or amending” them.
The order has had minimal impact on the onshore sector where development occurs primarily on private lands, but has devastated offshore wind.
Massachusetts and New York have bet their clean energy futures on availability of offshore wind energy.
Judge Williams overruled DoJ’s claim that the states lack standing and allowed the case to proceed as a potential violation of federal Administrative Procedure Act but not the Constitution, as the states alleged.
The state coalition is asking the judge to declare Trump’s order unlawful, arguing the President lacks authority to stop permitting, while putting clean energy and power demand needs at risk.
Massachusetts mandates 5.6GW of sector capacity contracted by 2027 but has been unable to sign contracts with Ocean Winds for 1GW of SouthCoast's capacity or Iberdrola’s 791MW New England Wind due to Trump-induced uncertainty.
“Uncertainties stemming from the Wind Directive and other Federal actions create additional risk on these projects, and ultimately, the contract negotiations,” said Elizabeth Mahoney, commissioner of the Massachusetts Department of Energy Resources in submitted testimony.
Noting that peak power demand is expected to grow 9% by 2030 and the state’s paucity of resources beyond offshore wind, she said Trump’s order “will harm Massachusetts residents and business through increased costs and absent sufficient generation to meet load growth would hinder local and national economic growth.”
Williams has not yet issued a written statement on the issue and said he served the right to amend his decision in the meanwhile.
(Copyright)