Federal judge throws out Trump order blocking development of wind energy

By MATTHEW DALY and JENNIFER McDERMOTT, Associated Press

WASHINGTON (AP) — A federal judge on Monday struck down President Donald Trump’s executive order blocking wind energy projects, saying the effort to halt virtually all leasing of wind farms on federal lands and waters was “arbitrary and capricious” and violates U.S. law.

Judge Patti Saris of the U.S. District Court for the District of Massachusetts vacated Trump’s Jan. 20 executive order blocking wind energy projects and declared it unlawful.

Saris ruled in favor of a coalition of state attorneys general from 17 states and Washington, D.C., led by New York Attorney General Letitia James, that challenged Trump’s Day One order that paused leasing and permitting for wind energy projects.

Trump has been hostile to renewable energy, particularly offshore wind, and prioritizes fossil fuels to produce electricity.

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 into offshore wind, and today, we successfully protected those important investments from the Trump administration’s unlawful order,” Campbell said in a statement.

“This critical victory also preserves well-paying green jobs and access to reliable, affordable energy that will help Massachusetts meet our clean energy and climate goals,″ she added.

The coalition that opposed Trump’s order argued that Trump doesn’t have the authority to halt project permitting, and that doing so jeopardizes the states’ economies, energy mix, public health and climate goals.

The government argued that the states’ claims amount to nothing more than a policy disagreement over preferences for wind versus fossil fuel energy development that is outside the federal court’s jurisdiction. Justice Department lawyer Michael Robertson said in court that the wind order paused permitting, but didn’t halt it, while Interior Secretary Doug Burgum reviews the environmental impact of wind projects.

A previous judge in the case allowed it to proceed against Burgum, but dismissed an action against Trump and other Cabinet secretaries. Judge William Young allowed the states to proceed with claims that blocking permits for wind energy projects violates the Administrative Procedure Act, which outlines a detailed process for enacting regulations, but not the Constitution.

Wind is the United States’ largest source of renewable energy, providing about 10% of the electricity generated in the nation, according to the American Clean Power Association. The coalition includes Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington state and Washington, D.C.

The Interior Department and the White House didn’t immediately respond to requests for comment, but the White House previously accused the Democratic attorneys general of using lawfare to stop the president’s energy agenda.

Marguerite Wells, executive director of the Alliance for Clean Energy New York, said wind energy is a key component of powering the nation’s electric grid.

Wind “is currently one of the most cost-effective ways to generate power and is being used successfully not only in the United States, but across the world,” she said. “With this ruling behind us, projects can now be judged on their merits. We thank the attorneys general who helped us get this case over the finish line.”

Kit Kennedy of the Natural Resources Defense Council called the decision a win for consumers, union workers, U.S. businesses, clean air and the climate.

“From the beginning of its time in office, the Trump administration put a halt to the wind energy projects that are needed to keep utility bills in check and the grid reliable,” Kennedy said.

The wind order “has been a devastating blow to workers, electricity customers, and the reliability of the power grid,” she said, adding that the Trump administration “should use this (ruling) as a wake-up call, stop its illegal actions and get out of the way of the expansion of renewable energy.”