A federal judge on Monday struck down the Trump administration’s ban on federal permits for wind energy projects in what supporters said was an important victory for the embattled industry.
President Trump issued the ban on his first day in office through an executive order that called for the temporary withdrawal of nearly all federal land and waters from new or renewed wind-energy leasing. The president said such leases “may lead to grave harm” including negative effects on national security, transportation and commercial interests, among other justifications.
U.S. District Judge Patti B. Saris, for the District of Massachusetts ruled that the ban is “arbitrary and capricious and contrary to law,” and said the concern about “grave harm” was insufficient to justify the immense scope of a moratorium on all wind energy.
The challenge was brought by attorneys general in 17 states, including California, and Washington, D.C.
In it, they argued that halting federal wind permits created an “existential threat” to the wind industry that could erase billions of dollars of investments and tens of thousands of jobs.
At least seven major offshore wind projects were paused as a result of the federal permitting ban, according to the nonprofit Natural Resources Defense Council, plus several more that were in early phases of development.
“This ban on wind projects was illegal, as this court has now declared. The administration should use this as a wake-up call, stop its illegal actions and get out of the way of the expansion of renewable energy,” said Kit Kennedy, the council’s managing director for power, in a statement.
The lawsuit noted the president’s executive order was issued the same day as his National Energy Emergency Declaration, which encouraged domestic energy development not tied to wind and other renewables. The president has heavily supported fossil fuel production including oil, gas and coal.
In a statement to The Times, White House spokeswoman Taylor Rogers said offshore wind projects were given “unfair, preferential treatment” under the Biden administration while the rest of the energy industry was “hindered by burdensome regulations.”
“President Trump’s day one executive order instructed agencies to review leases and permitting practices for wind projects with consideration for our country’s growing demands for reliable energy, effects on energy costs for American families, the importance of marine life and fishing industry, and the impacts on ocean currents and wind patterns,” Rogers said. “President Trump has ended Joe Biden’s war on American energy and unleashed America’s energy dominance to protect our economic and national security.”
California has vowed to stay the course on offshore wind despite the federal challenges.
The state has an ambitious goal of 25 gigawatts of floating offshore wind energy by 2045, by which point state officials say offshore wind could represent 10% to 15% of the state’s energy portfolio. Five ocean leases have already been granted to energy companies off Humboldt County and Morro Bay.
In August, the Trump administration said it was cutting $679 million for “doomed” offshore wind projects, including $427 millions that had been earmarked for California.
Ted Kelly, director and lead counsel of U.S. clean energy at the nonprofit Environmental Defense Fund, said obstructing the build-out of clean power is the wrong move as the country’s need for electricity is surging from data centers, industry and other demands.
Wind, solar and battery storage offer the most affordable ways to get more reliable power on the grid, Kelly said.
“We should not be kneecapping America’s largest source of renewable power,” he said, “especially when we need more cheap, homegrown electricity.”
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