A federal judge on Monday struck down President Donald Trump’s executive order blocking wind energy projects, saying the effort to halt virtually all leasing of wind farms on federal lands and waters was “arbitrary and capricious” and violates U.S. law.
Judge Patti Saris of the U.S. District Court for the District of Massachusetts vacated Trump’s Jan. 20 executive order blocking wind energy projects and declared it unlawful.
Saris ruled in favor of a coalition of state attorneys general from 17 states and Washington, D.C., led by New York Attorney General Letitia James, that challenged Trump’s Day One order that paused leasing and permitting for wind energy projects. The coalition includes Attorney General Kris Mayes of Arizona.
“Trump’s illegal wind order would have driven up energy costs on Arizonans already struggling with high utility bills,” Mayes said in a statement. “In Arizona, wind energy projects on State Trust lands also generate critical revenue that supports our public schools. The Trump administration’s illegal freeze of these programs would have harmed Arizona and threatened our state’s economy and environment. I am proud to have sued to block this unlawful order.”
Arizona Attorney General Kris Mayes filed suit alongside other states.
According to the lawsuit, Trump’s order affected three Arizona wind project sites under development. The suit lists millions in potential lost tax revenue due to the pause.
The federal judge ruled in favor of a coalition of attorneys general from 17 states and Washington, D.C.
The American Clean Power Association says wind is the country’s largest source of renewable energy. It generates about 10% of the nation’s electricity, and 2% in Arizona, according to the U.S. Energy Information Administration.
Mayes says the order would have driven up energy costs for Arizonans, as well as affect “critical revenue" that supports public schools.
Trump has been hostile to renewable energy, particularly offshore wind, and prioritizes fossil fuels to produce electricity.
Massachusetts Attorney General Andrea Joy Campbell hailed the ruling as a victory for green jobs and renewable energy.
“Massachusetts has invested hundreds of millions of dollars into offshore wind, and today, we successfully protected those important investments from the Trump administration’s unlawful order,” Campbell said in a statement.
“This critical victory also preserves well-paying green jobs and access to reliable, affordable energy that will help Massachusetts meet our clean energy and climate goals,″ she added.
The coalition that opposed Trump's order argued that Trump doesn’t have the authority to halt project permitting, and that doing so jeopardizes the states’ economies, energy mix, public health and climate goals.
The government argued that the states’ claims amount to nothing more than a policy disagreement over preferences for wind versus fossil fuel energy development that is outside the federal court’s jurisdiction. Justice Department lawyer Michael Robertson said in court that the wind order paused permitting, but didn’t halt it, while Interior Secretary Doug Burgum reviews the environmental impact of wind projects. Burgum's review is ongoing, Robertson said.
A previous judge in the case allowed it to proceed against Burgum, but dismissed an action against Trump and other Cabinet secretaries. Judge William Young allowed the states to proceed with claims that blocking permits for wind energy projects violates the Administrative Procedure Act, which outlines a detailed process for enacting regulations, but not the Constitution.
Wind is the United States' largest source of renewable energy, providing about 10% of the electricity generated in the nation, according to the American Clean Power Association. The coalition includes Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington state and Washington, D.C.
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