Battle brews as energy developer takes on Trump admin over 'unlawful' stop-work order
Developers behind two of the five offshore wind projects recently targeted by the Trump administration took action in federal court this week, seeking preliminary injunctions that would enable construction to continue while the legal battles play out.
Empire Offshore Wind LLC filed a civil lawsuit in the US District Court for the District of Columbia on Friday, challenging the Department of the Interior’s (DOI) December 22 stop-work order, which the company argued is “unlawful and threatens the progress of ongoing work with significant implications for the project” off the coast of New York.
“Empire Wind is more than 60% complete and represents a significant investment in U.S. energy infrastructure, jobs, and supply chains,” the company highlighted. “The project’s construction phase alone has put nearly 4,000 people to work, both within the lease area and through the revitalization of the South Brooklyn Marine Terminal.”
The filing came just a day after a similar one in the same court on Thursday from the joint venture between Skyborn Renewables and the Danish company Ørsted, which is developing Revolution Wind off Rhode Island and Connecticut. That project is approximately 87% complete and was expected to begin generating power as soon as this month.
“Sunrise Wind LLC, a separate project and wholly owned subsidiary of Ørsted that also received a lease suspension order on December 22, continues to evaluate all options to resolve the matter, including engagement with relevant agencies and stakeholders and considering legal proceedings,” the Danish firm said. That project is also off New York.
As the New York Times noted Friday: “At stake overall is about $25 billion of investment in the five wind farms. The projects were expected to create 10,000 jobs and to power more than 2.5 million homes and businesses.”
The other two projects targeted by the Trump administration over alleged national security concerns are Vineyard Wind 1 off Massachusetts and Coastal Virginia Offshore Wind. The developer of the latter, Dominion Energy, launched a legal challenge in federal court in Virginia the day after the DOI’s lease suspension order, and a hearing is scheduled for this month.
“Delaying the project will lead to increased costs for customers and threaten long-term grid reliability,” Dominion spokesperson Jeremy Slayton told NC Newsline on Tuesday. “Given the project’s critical importance, we have a responsibility to pursue every available avenue to deliver the project as quickly and at the lowest cost possible on behalf of our customers and the stability of the overall grid.”
President Donald Trump’s public opposition to offshore wind energy dates back to before his first term as president, when he unsuccessfully fought against the Aberdeen Bay Wind Farm near his golf course in Scotland. Since entering US politics, the Republican has taken money from and served the interests of fossil fuel giants while waging war on renewable power projects and lying about the climate emergency.
As the Times detailed:
Mr. Trump has falsely claimed that wind farms kill whales (scientists have said there is no evidence to support that) and that turbines “litter” the country and are like “garbage in a field”...
This week President Trump posted on social media a photo of a bird beneath a windmill and suggested it was a bald eagle killed in the United States by a wind turbine. “Windmills are killing all of our beautiful Bald Eagles,” the president wrote. It was also posted by the White House and the Department of Energy.
The post turned out to be a 2017 image from Israel, and the animal was likely a kestrel. On Friday Mr. Trump posted on Truth Social again, this time an image of birds flying around a wind turbine, that read, “Killing birds by the millions!”
While the DOI did not respond to the newspaper’s request for comment, and the department referred the Hill to its December statement citing radar interference concerns, White House spokesperson Taylor Rogers told NC Newsline earlier this week that Trump has made clear that he believes wind energy is “the scam of the century.”
“For years, Americans have been forced to pay billions more for the least reliable source of energy,” Rogers said. “The Trump administration has paused the construction of all large-scale offshore wind projects because our number one priority is to put America First and protect the national security of the American people.”
Meanwhile, climate campaigners and elected Democrats have blasted the Trump administration’s attacks on the five offshore projects, warning of the economic and planetary consequences. Democratic senators have also halted permitting reform talks over the president’s “reckless and vindictive assault” on wind power.
Additionally, as Common Dreams reported Monday, the watchdog group Public Employees for Environmental Responsibility warned congressional committees that the DOI orders are “not legally defensible” and raise “significant” questions about conflicts of interest involving a top department official’s investments in fossil gas.