Construction of an offshore wind project serving New England is back on. The question is whether others will follow.
A federal judge on Monday reversed a stop-work order imposed by the Interior Department last month, allowing Revolution Wind to resume construction. The $6.2 billion project serving Connecticut and Rhode Island was halted by the Trump administration over national security concerns.
Revolution Wind has been here before. The same judge overturned an August order from Interior halting the 65-turbine project.
The difference this time is that Revolution Wind is not alone. The project was one of five coastal wind developments that were halted last month by the Trump administration, which cited a new classified report from the Department of Defense to argue that the massive turbines could disrupt military radar.
But Judge Royce Lamberth of the U.S. District Court for the District of Columbia wasn’t buying it. Lamberth, who reviewed the classified report, noted that it took Interior a month to act on DOD’s findings, suggesting the threat was not as grave as the government claimed. When it did act, the government failed to properly explain its rationale, said Lamberth, who called it an “unreasonable and seemingly unjustified change in position.”
“The balance of equity is clearly cut in favor of Revolution Wind continuing work while the government considers ways to mitigate any new national security concerns that the project may implicate,” Lamberth said in a ruling from the bench.
The decision is a major win for Revolution Wind and the offshore wind industry. Trump regularly criticizes the industry on social media and in public appearances. Federal agencies have proposed revoking permits for projects approved under the Biden administration and temporarily halted construction of Revolution Wind and Empire Wind, a 54-turbine project serving New York.
Construction of both projects resumed — then Interior issued its new stop-work order last month. In public remarks and court filings, administration officials argued the threat of disrupted radar meant regulators needed to suspend construction for 90-days.
But public remarks by administration officials criticizing the industry appeared to undercut the government’s argument in court. The president bragged about his actions during a meeting with oil executives on Friday, saying “We have not approved one windmill since I’ve been in office, and we’re going to keep it that way.”
Lamberth noted in his ruling Monday that press interviews by Interior Secretary Doug Burgum focused on offshore wind’s costs, its impacts on wildlife and “a variety of reasons unrelated to national security.”
Lawyers for Revolution Wind said federal regulators had not shared any information on DOD’s findings, suggesting to them that the administration was not interested in resolving the problem.
“No responsible company, your honor, wants to facilitate an attack on its own facility, costing billions of dollars, or on the community it serves,” project attorney Janice Schneider told the court.
Revolution Wind was facing potential cancellation absent a court ruling in its favor, she said, noting that its contract for an installation vessel expires next month. A shortage of specialized construction ships means it could be difficult for Revolution Wind to secure a new boat in time to meet the project’s contractual obligations to deliver power to Connecticut and Rhode Island.
Schneider said the stoppage was costing Revolution Wind $1.5 million a day. That is on top of $100 million in costs stemming from the initial stoppage, she said.
Revolution Wind is a joint venture of Ørsted and Skyborn Renewables, a Black Rock subsidiary.
Meaghan Wims, a Revolution Wind spokesperson, said in a statement following the ruling that the project “will resume construction work as soon as possible.”
Interior notably did not appeal Lamberth’s previous order allowing work on Revolution Wind to resume. But White House spokesperson Taylor Rogers signaled a possible appeal, saying in a statement Monday that the administration looked forward “to ultimate victory on the issue.”
“The Trump administration 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,” Rogers said.
It is unclear what the ruling means for the other projects halted by Trump.
The projects, spanning from Massachusetts to Virginia, were expected to collectively generate enough electricity for 2.7 million homes annually.
Four of the five projects have challenged Interior’s orders in court. Attorneys general in Connecticut, New York and Rhode Island have joined the projects in contesting the stoppage. Many of them have advanced significantly over the past year.
About two-thirds of the turbines at Vineyard Wind, a 62-turbine project off Massachusetts, were generating electricity and sending power to New England’s electric grid at the time of Interior’s order. Massachusetts officials have said turbines in operation were not impacted by the order. The country’s largest project, Coastal Virginia Offshore Wind, had recently begun turbine installation. And Empire Wind is 60 percent complete, having recently finished installation of all 54-turbine foundations off the coast of New York.
Empire Wind has spent $1.5 billion since Interior lifted its first stop-work order on the project in May, said Molly Morris, who leads U.S. wind operations at Equinor, the project developer.
At the time, Equinor chose not to sue in hopes of negotiating with the Trump administration. The strategy worked. Trump lifted the order after claiming to strike a deal with New York Gov. Kathy Hochul, a Democrat, to permit a pair of natural gas pipelines. Norwegian officials also made a concerted lobbying effort to save Empire Wind. The Norwegian government is the largest shareholder in Equinor.
After the latest stop-work order in December, Equinor sued the administration based on the advanced state of the project and the lack of communication from the Trump administration over its radar concerns, Morris said. Like Revolution Wind, Empire Wind faces potential cancellation because its installation vessels are scheduled to move onto another project.
“We are asking for there to be a partnership between the developers and the Department of War for us to help them with the potential challenges,” Morris said on Monday before the court ruling, referring to the Defense Department. “But again, we haven’t been told what those challenges are.”
She added, “it’s very hard for us to mitigate something that we haven’t been told what the challenge is.”
In a note to clients, the research group ClearView Energy Partners, said Monday’s ruling “could suggest favorable outlooks for those suspended projects, too.” Yet it also noted that Trump’s “frequent and fervent opposition to offshore wind” means the administration could appeal or “consider other administrative avenues to constrain the industry.”
This story also appears in Energywire.
