Judge lifts Trump freeze on New England offshore wind farm

WASHINGTON (CN) — A federal judge ruled Monday that construction on an offshore wind farm in New England can continue, freezing enforcement of a Trump administration stop-work order that would have halted a project Revolution Wind said was nearly 80% complete.

Senior U.S. District Judge Royce Lamberth granted the wind farm’s request for a preliminary injunction, preventing the Bureau of Ocean Energy Management from effectuating part of President Donald Trump’s effort to limit green energy projects across the country until the case is fully resolved.

“Revolution Wind has demonstrated likelihood of success on the merits of its underlying claims, it is likely to suffer irreparable harm in the absence of an injunction, the balance of equities is in its favor, and maintaining the status quo by granting the injunction is in the public interest,” the Ronald Regan appointee wrote in a two-page order.

Revolution Wind brought the suit in the District of Columbia federal court on Sept. 4 to challenge a stop-work order set by Matthew Giacona, acting director of the Bureau of Ocean Energy Management, on Aug. 22.

According to the energy company, the wind farm is projected to deliver enough energy to power 350,000 homes in Rhode Island and Connecticut, and delays could hurt the New England grid’s reliability during the summer and winter peaks.

Revolution Wind says 45 of 65 wind turbines have been installed, and all the turbine foundations are already in place on the ocean floor. The company added it has spent approximately $5 billion on the project already and would incur over $1 billion in breakaway costs if the project were canceled.

The energy company welcomed Lamberth’s decision in a statement Monday, indicating it would “resume impacted construction work” as soon as possible.

“Revolution Wind will continue to seek to work collaboratively with the U.S. administration and other stakeholders toward a prompt resolution,” a Revolution Wind spokesperson wrote.

On July 29, Department of the Interior Secretary Doug Burgum issued a secretarial order, citing Trump’s memo, ordering the assistant secretary for land and minerals management to review the effects of taxpayer-funded subsidies on the wind industry and the impacts offshore wind projects may have on military readiness.

Giacona then issued the stop-work order on Aug. 22, halting the Revolution Wind project pending a Bureau of Ocean Energy Management review of national security concerns. The company notes the Department of Defense had cleared the project, and the order does not contain accusations of any illegal conduct.

The project began in 2016, when Revolution Wind started assessing where to develop a wind farm while adhering to environmental regulations. The Bureau of Ocean Energy Management remained closely involved, issuing a final environmental impact statement in July 2023 before approving work on the project that November.

The company said the project has employed over 2,000 people, including 800 local union members, all of whom would lose their jobs.

The Justice Department opposed a preliminary injunction, arguing that the stop-work order was authorized by the Outer Continental Shelf Lands Act and was simply part of a review of existing offshore wind leases.

In an opposition brief, the Justice Department said allowing the stop-work order to remain in place would maintain the status quo.

“Under its general authority to ensure that activities under federal leases are carried out in a manner that provides for, among other things, protection of national security and prevention of interference with other uses, BOEM issued a stop work order to Revolution Wind,” the Justice Department wrote. “That order did not revoke or modify any existing project approval; it did not terminate the project; and it did not rescind Revolution Wind’s lease.”

Environmental activist group the Sierra Club applauded Lamberth’s ruling, with Senior Adviser Nancy Pyne lauding it as an affirmation that Trump’s “attacks on clean energy” are “not only reckless and harmful to our communities, but they are illegal.”

“Instead of embracing offshore wind for the reliable, homegrown energy it provides, this administration would rather take unlawful measures to kneecap its development in favor of dirty and expensive fossil fuels,” Pyne said in a statement. “This ruling is a victory for residents in Rhode Island and Connecticut, who are once again closer to having access to affordable and reliable energy without having to sacrifice their health to toxic fossil fuel pollution.”

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