Washington– A federal judge on Thursday cleared the way for a New York offshore wind project to resume construction, a victory for the developer who said the Trump administration’s order pausing it would likely kill the project within days.
District Judge Carl J. Nichols, an appointee of President Donald Trump, ruled that construction on the Empire Wind project can move forward while he weighs the merits of the government ordering the project to be suspended. He criticized the government for not responding to key points in Empire Wind’s court filings, including the allegation that management violated proper procedures.
Norwegian company Equinor owns Empire Wind. Spokesman David Schuetz said they welcomed the court’s decision and would continue to work in cooperation with the authorities. It is the second developer to prevail in court against the administration this week.
The Trump administration has frozen five large offshore wind projects on the East Coast days before Christmas, due to national security concerns. Trump has targeted offshore wind since his first days in the White House, most recently calling wind farms “losers” that lose money, destroy landscapes and kill birds.
Developers and states sued Trying to obstruct the matter. Large ocean-based wind farms are the main focus of plans to transition to renewable energy in East Coast states that have limited land devoted to onshore wind turbines or solar arrays.
On Monday, a judge ruled against Danish energy company Ørsted It can resume its project to serve Rhode Island and Connecticut. Judge Royce Lamberth said the government had not adequately explained the need for a complete halt to construction. That wind farm, called Revolution Winds, is nearing completion. It is expected to meet approximately 20% of the electricity needs of Rhode Island, the smallest state, and about 5% of Connecticut’s electricity needs.
Orsted is also suing over the temporary halt of the Sunrise Wind project in New York, and a hearing has yet to be scheduled. Dominion Energy Virginia, which develops Virginia offshore windsShe plans to ask a judge on Friday to block the administration’s order so she can resume construction as well.
The fifth paused project is Vineyard Wind, under construction in Massachusetts. Owners Avangrid and Copenhagen Infrastructure Partners have not publicly indicated whether they plan to join the rest of the developers in challenging management.
Robin Shaffer, president of Protect Our Coast New Jersey, said the administration was right to halt construction for national security reasons. He urged officials to immediately appeal the negative rulings and seek a stay of all work pending appeal review. Opponents of offshore wind projects are particularly vocal and organized in New Jersey.
The Empire Wind project is 60% complete and is designed to power more than 500,000 homes. Equinor said the project was at risk due to the limited availability of specialized vessels, as well as huge financial losses.
Judge Nichols said during a hearing on Wednesday The government’s main security concern appears to have been with the operation of the wind turbines, not construction, although the government has retracted this claim.
In presenting the government’s case, Assistant Attorney General Stanley Woodward Jr. was skeptical of the perfect storm of apocalyptic events that Empire Wind said would derail its entire project if construction did not resume. He did not agree with the view that the government’s main interest was in the process.
“I don’t see how you can make that distinction,” Woodward said. He likened it to a nuclear project being built that poses a threat to national security. The government will oppose its construction and operation.
Molly Morris, an Equinor vice president overseeing Empire Wind, said in an interview that the company wants to build this project and provide a major new source of energy for New York.
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McDermott reported from Providence, Rhode Island.
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