Revolution Wind Developer Sues Trump Administration For Halting Construction

The Danish energy company Orsted sued the Trump administration on Thursday over the federal government’s order to halt construction on the nearly completed Revolution Wind offshore wind farm.

Orsted, the developer behind Revolution Wind, alleges that the Trump administration’s stop-work order is invalid and was issued in bad faith.

“The Stop Work Order is invalid and must be set aside because it was issued without statutory authority, in violation of agency regulations and procedures and the Fifth Amendment’s Due Process Clause, and is arbitrary and capricious,” the company wrote in a court filing. “The Stop Work Order was issued without observance of procedure as required by law.”

The federal government contends that Revolution Wind’s construction raises an unspecified “national security concern,” and has also claimed that offshore wind farms cause environmental damage. Representatives of the Trump administration have told major news outlets that they do not comment on pending litigation, but previous statements suggest the administration plans to revoke many offshore wind permits on the grounds that the initial review processes were flawed and did not adequately account for all potential consequences.

At the time of the stop-work order, the $4 billion, 65-turbine offshore wind farm off the coast of Rhode Island was already 80 percent complete.

It isn’t the only lawsuit the Trump administration is facing over the order to halt Revolution Wind, which politicians and industry experts have called legally dubious. The attorneys general of Connecticut and Rhode Island are also filing suit to stop the crackdown.

“With Revolution Wind, we have an opportunity to create good-paying jobs for Rhode Islanders, enhance energy reliability, and ensure energy cost savings while protecting our environment,” Rhode Island Attorney General Peter Neronha said in a statement. “And yet, this stop work order is not even the latest development in this Administration’s all-out assault on wind energy. Just yesterday, we learned of reports that the Administration is pulling in staff from several different unrelated federal agencies, including Health and Human Services, to do its bidding. Does this sound like a federal government that is prioritizing the American people? This is bizarre, this is unlawful, this is potentially devastating, and we won’t stand by and watch it happen.”

Trump, who has long been a staunch opponent of offshore wind, has ratcheted up the federal government’s assault on the industry in recent months, calling a number of permits into question and stripping hundreds of millions in funding from already approved projects.

“Wasteful wind projects are using resources that could otherwise go towards revitalizing America’s maritime industry,” U.S. Transportation Secretary Sean Duffy said in a statement. “[Former President] Joe Biden and [former Transportation Secretary] Pete Buttigieg bent over backwards to use transportation dollars for their Green New Scam agenda while ignoring the dire needs of our shipbuilding industry. Thanks to President Trump, we are prioritizing real infrastructure improvements over fantasy wind projects that cost much and offer little.”

Critics of Trump’s crackdown point to the environmental and economic harms of climate change, as well as the jobs created by offshore wind and the potential cost savings for energy customers.

“Trump’s corrupt stop-work order is a giveaway to the oil industry that will cost thousands of local jobs and force working families in New England to pay higher energy prices,” Connecticut Senator Chris Murphy said. “The Revolution Wind project has already made it through exhaustive reviews by multiple federal agencies, and I doubt Trump’s flimsy excuses for scuttling this project will stand up to legal scrutiny.”

But the Trump administration, which has shown itself to be comfortable with testing the limits of executive power, has forged ahead.

A coalition of anti-offshore wind advocates, including the local activist group ACK For Whales, charter fishing groups, and the Wampanoag Tribe of Gay Head / Aquinnah, has welcomed Trump’s opposition to offshore wind, as has the Town of Nantucket.

“Nantucket supports renewable energy and recognizes that proper permitting and policy making for wind energy development rests in the hands of the federal government,” Select Board member Brooke Mohr said after the Trump administration announced it would be reconsidering the permits for SouthCoast Wind, slated for installation south of Nantucket. “But the permitting for SouthCoast Wind failed to account for the significant harm the project will cause Nantucket, a federally designated National Historic Landmark. We welcome this opportunity for federal agencies to reevaluate their decision and correct course.”