Judge Allows Orsted to Restart Rhode Island Offshore Wind Project Previously Paused by Trump

A federal judge has granted Danish offshore wind developer Orsted permission to resume work on its nearly completed Revolution Wind project. This decision comes after the Trump administration halted the project, along with four others, last month.

The ruling by U.S. District Judge Royce Lamberth represents a significant legal setback for Trump, who has been actively trying to block the expansion of offshore wind projects in federal waters over the past year. Notably, this is the second time in just four months that the $5 billion Revolution Wind project has successfully sought a temporary court order to counter a government stop-work order.

Orsted’s Revolution Wind lawsuit is part of a broader legal effort by various offshore wind companies and states aiming to overturn the Interior Department’s suspension of five offshore wind leases, which was enacted on December 22 due to alleged national security concerns related to radar interference.

States Say Trump Order Halting Wind Projects Defies Explanation

This Monday’s hearing was the first of three scheduled for the week. The upcoming hearings will address Equinor’s EQNR.OL Empire Wind project off the coast of New York and Dominion’s Coastal Virginia Offshore Wind facility.

As of now, there has been no immediate comment from the Interior Department regarding the ruling.

Orsted has announced its intention to resume work on the Revolution Wind project as soon as possible while the lawsuit continues. The company stated, “Revolution Wind will determine how best it may be possible to work with the US Administration to achieve an expeditious and durable resolution.”

Government attorneys had argued that the pause was warranted due to new classified information regarding the impacts of offshore wind on national security, which was disclosed to Interior officials by the Defense Department in November.

Judge Lamberth dismissed the administration’s claims, stating that national security concerns did not justify halting the project, which he noted would suffer irreparable harm without an injunction. “You want to stop everything in place, costing them one-and-a-half million a day, while you decide what you want to do?” Lamberth, appointed by former President Ronald Reagan, questioned Justice Department attorney Peter Torstensen during the hearing.

Additionally, Lamberth expressed concern over Interior Secretary Doug Burgum’s recent comments criticizing offshore wind for reasons unrelated to national security. In interviews on the day the Interior Department ordered the pause, Burgum labeled offshore wind as expensive, unreliable, dependent on foreign-made equipment, and harmful to marine life.

Revolution Wind attorney Janice Schneider argued that the government’s pause violated federal laws governing administrative procedure and due process, emphasizing that the developer had not been allowed to review the classified assessment on offshore wind. “This Court should be very skeptical of the government’s true motives here,” Schneider asserted.

Offshore wind developers, including Orsted, have faced numerous disruptions to their multi-billion dollar projects under the Trump administration, which has criticized wind turbines as unattractive, costly, and inefficient.

The Revolution Wind project is currently about 87% complete and is expected to start generating power later this year, according to Orsted. Revolution Wind LLC is a 50-50 joint venture between Orsted and Global Infrastructure Partners’ Skyborn Renewables. Orsted has also initiated legal action on behalf of its Sunrise Wind project off the coast of New York.

(Reporting by Nichola Groom; Editing by Edmund Klamann, David Gregorio, and Lincoln Feast.)

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Legislation

A federal judge has granted Danish offshore wind developer Orsted permission to resume work on its nearly completed Revolution Wind project. This decision comes after the Trump administration halted the project, along with four others, last month.

The ruling by U.S. District Judge Royce Lamberth represents a significant legal setback for Trump, who has been actively trying to block the expansion of offshore wind projects in federal waters over the past year. Notably, this is the second time in just four months that the $5 billion Revolution Wind project has successfully sought a temporary court order to counter a government stop-work order.

Orsted’s Revolution Wind lawsuit is part of a broader legal effort by various offshore wind companies and states aiming to overturn the Interior Department’s suspension of five offshore wind leases, which was enacted on December 22 due to alleged national security concerns related to radar interference.

States Say Trump Order Halting Wind Projects Defies Explanation

This Monday’s hearing was the first of three scheduled for the week. The upcoming hearings will address Equinor’s EQNR.OL Empire Wind project off the coast of New York and Dominion’s Coastal Virginia Offshore Wind facility.

As of now, there has been no immediate comment from the Interior Department regarding the ruling.

Orsted has announced its intention to resume work on the Revolution Wind project as soon as possible while the lawsuit continues. The company stated, “Revolution Wind will determine how best it may be possible to work with the US Administration to achieve an expeditious and durable resolution.”

Government attorneys had argued that the pause was warranted due to new classified information regarding the impacts of offshore wind on national security, which was disclosed to Interior officials by the Defense Department in November.

Judge Lamberth dismissed the administration’s claims, stating that national security concerns did not justify halting the project, which he noted would suffer irreparable harm without an injunction. “You want to stop everything in place, costing them one-and-a-half million a day, while you decide what you want to do?” Lamberth, appointed by former President Ronald Reagan, questioned Justice Department attorney Peter Torstensen during the hearing.

Additionally, Lamberth expressed concern over Interior Secretary Doug Burgum’s recent comments criticizing offshore wind for reasons unrelated to national security. In interviews on the day the Interior Department ordered the pause, Burgum labeled offshore wind as expensive, unreliable, dependent on foreign-made equipment, and harmful to marine life.

Revolution Wind attorney Janice Schneider argued that the government’s pause violated federal laws governing administrative procedure and due process, emphasizing that the developer had not been allowed to review the classified assessment on offshore wind. “This Court should be very skeptical of the government’s true motives here,” Schneider asserted.

Offshore wind developers, including Orsted, have faced numerous disruptions to their multi-billion dollar projects under the Trump administration, which has criticized wind turbines as unattractive, costly, and inefficient.

The Revolution Wind project is currently about 87% complete and is expected to start generating power later this year, according to Orsted. Revolution Wind LLC is a 50-50 joint venture between Orsted and Global Infrastructure Partners’ Skyborn Renewables. Orsted has also initiated legal action on behalf of its Sunrise Wind project off the coast of New York.

(Reporting by Nichola Groom; Editing by Edmund Klamann, David Gregorio, and Lincoln Feast.)

Topics
Legislation