WASHINGTON (AP) — A federal judge on Monday struck down President Donald Trump’s executive order blocking wind energy projects, saying the effort to halt wind farm leasing on nearly all federal lands and waters was “arbitrary and capricious” and violated U.S. law.
U.S. District Court Judge Patti Saris of Massachusetts vacated Trump’s January 20 executive order banning wind energy projects and declared the project illegal.
Sarris ruled in favor of a coalition of attorneys general from 17 states and Washington, D.C., led by New York Attorney General Letitia James, which challenged Trump’s day-one order suspending leasing and permitting of wind energy projects.
Trump has been hostile to renewable energy, especially offshore wind, and prioritized fossil fuel generation.
Massachusetts Attorney General Andrea Joy Campbell hailed the ruling as a victory for green jobs and renewable energy.
“Massachusetts has invested hundreds of millions of dollars in offshore wind, and today we successfully protected these important investments from the Trump administration’s unlawful orders,” Campbell said in a statement.
“This critical victory also preserves good-paying green jobs and access to reliable, affordable energy that will help Massachusetts achieve our clean energy and climate goals,” she added.
A coalition opposing Trump’s order argued that Trump does not have the authority to halt project permits and that doing so would jeopardize states’ economies, energy mix, public health and climate goals.
The government argued that the states’ claims amounted to little more than policy differences over preferences for wind versus fossil fuel energy development and did not fall within the jurisdiction of federal courts. Justice Department attorney Michael Robertson told the court that the wind order suspended permits but did not stop them while Interior Secretary Doug Burgum reviews the environmental impacts of wind projects. Robertson said Burgum’s review is ongoing.
The former judge in the case allowed the case against Burgum but dismissed the lawsuit against Trump and other Cabinet secretaries. Judge William Young allowed states to proceed with their argument that blocking wind energy project permits violates the Administrative Procedure Act, which outlines detailed procedures for crafting regulations, but is inconsistent with the Constitution.
According to the American Clean Energy Association, wind energy is the largest renewable energy source in the United States, accounting for about 10% of the nation’s electricity generation. The coalition includes Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington and Washington, D.C.
