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Federal judge rules Trump’s offshore wind ban illegal

A federal judge in Massachusetts today ruled that the Trump administration’s ban on new offshore wind projects in federal waters is illegal.

Judge Patti B. Saris of the US District Court for the District of Massachusetts wrote that Trump’s executive order banning leasing of federal lands and waters for new wind farms is “arbitrary and capricious and contrary to law.”

Attorneys general from 17 states and Washington, DC, filed a lawsuit in May against the memorandum halting federal approvals of wind energy development, which was supported by industry and public interest groups.

The Attorneys general claimed that the halt “harms the States’ efforts to secure reliable, diversified, and affordable sources of energy to meet the ever-increasing demand for electricity; their billions of dollars in investments in supply chains, workforce development, and wind-industry-related infrastructure, including transmission upgrades; and their statutory- and policy-based efforts to protect public health and welfare from harmful air pollutants like nitrogen oxides and sulfur dioxide, as well as greenhouse-gas emissions.”

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Because of Trump’s ban, at least seven offshore wind farms in the Northeast and Mid-Atlantic have been paused, as well as several others at earlier stages of development. Offshore wind has been a crucial part of the Northeastern states’ plans to transition to renewables, due to their geography and the plentiful wind in the winter. The region also heavily relies on natural gas, which is subject to price fluctuations. 

Ted Kelly, director and lead counsel, US Clean Energy at Environmental Defense Fund, said, “We should not be kneecapping America’s largest source of renewable power, especially when we need more cheap, homegrown electricity. Striking down this unlawful ban gives relief to the communities and workers who need affordable power, local investment and jobs from wind projects that have been stuck in limbo.”

As a result of the Trump administration’s “arbitrary” policies, BloombergNEF reduced its forecast of new offshore wind power coming online by 2035 by 56%. And while the ruling is good news for the wind industry, it doesn’t mean the federal government is required to approve projects. And let’s face it: Foreign renewable companies aren’t exactly going to come running back to the US to do business. (Just today, for example, Denmark’s Eurowind Energy announced it’s shutting its US office, citing “political uncertainty.”) But at least offshore wind is no longer banned.

Oceantic Network CEO Liz Burdock said, “We thank the Attorneys General and the Alliance for Clean Energy New York for taking this case forward to protect American business interests against the politicization of our energy sector.”

Read more: Trump just killed all offshore wind zones as US power needs surge


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Avatar for Michelle Lewis Michelle Lewis

Michelle Lewis is a writer and editor on Electrek and an editor on DroneDJ, 9to5Mac, and 9to5Google. She lives in White River Junction, Vermont. She has previously worked for Fast Company, the Guardian, News Deeply, Time, and others. Message Michelle on Twitter or at michelle@9to5mac.com. Check out her personal blog.