Home » Federal Judge Overturns Trump’s Order Pausing Wind Energy Permits

Federal Judge Overturns Trump’s Order Pausing Wind Energy Permits

by Richard A Reagan

A federal judge has struck down President Donald Trump’s executive order that paused new permits and leases for wind energy projects.

The ruling came from U.S. District Judge Patti Saris, a Clinton appointee, who said the directive violated federal law and could not remain in place.

Trump issued the order on Jan. 20. It directed agencies to halt new or renewed offshore wind leases until they completed a wide-ranging “comprehensive assessment” of the industry.

The review was supposed to examine environmental and economic impacts and involve the Department of the Interior and several other federal agencies. No timeline was set for finishing the assessment.

Saris ruled that the suspension amounted to an unlawful agency action. She said it failed to meet requirements under the Administrative Procedure Act. The judge explained that agencies must complete their responsibilities within a reasonable period. She also said the administration offered no “reasoned explanation” for delaying wind permits while the review remained open-ended.

“After review of the parties’ submissions and a hearing, the Court concludes that the Wind Order constitutes a final agency action that is arbitrary and capricious and contrary to law,” Saris wrote in her decision. “Accordingly, the Court vacates the Wind Order and declares it unlawful.” She added that “no permits have been issued since the wind order was promulgated” and that agencies admitted they would not issue any until the assessment was done.

A coalition of attorneys general from 17 states and Washington, D.C., had challenged the suspension. They argued the pause threatened major wind investments. Massachusetts Attorney General Andrea Joy Campbell said the ruling was a “critical victory” for states that have already committed hundreds of millions of dollars to offshore wind development.

The Trump administration has taken a tougher line on wind energy. It has issued work-stop orders and revoked some permits. A Reagan-appointed judge previously overturned one of those orders involving the large Revolution Wind project in September.

Trump has also been vocal about what he sees as the economic impact of wind and solar power. In an Aug. 20 Truth Social post, he wrote that states relying on these sources are facing “record breaking increases in electricity and energy costs.”

The White House responded to the decision by stressing that the executive order was meant to restore balance to U.S. energy policy. Spokeswoman Taylor Rogers said Biden’s push for offshore wind had created “unfair, preferential treatment” for the industry. She said Trump’s directive told agencies to consider factors such as the nation’s demand for reliable energy, the effect on consumer costs, and concerns about marine life and fishing communities.

“President Trump has ended Joe Biden’s war on American energy and unleashed America’s energy dominance to protect our economic and national security,” Rogers said.

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