Two northeastern states and Danish energy giant Ørsted have also initiated separate federal cases against the Trump administration over its controversial stop-work order that has stalled construction of the Revolution Wind offshore project nearing completion, which is a major legal escalation of the ongoing clash between renewable energy developers and the federal government in the development of clean energy infrastructure.
Federal stop-work order is challenged in law
Two cases filed on Thursday request an emergency injunction due to a federal stop-work order that stalled construction of Revolution Wind 2 weeks ago. Developers Danish energy company Ørsted and investment company Global Infrastructure Partners were co-plaintiffs to the U.S. District Court of the District of Columbia seeking a preliminary injunction. The 65-turbine project under construction 15 miles off the coast of Rhode Island is 80% complete.
Several hours after this, the Rhode Island and Connecticut attorneys general came up with another lawsuit against the Trump administration, asking the court to confirm that the construction stop is illegal and reverse it. With this project being left to run, it would create sufficient electricity that is free of carbon to supply over 350,000 households in the two states, as it was reported by CNN. The project will go online next year.
The grid operator of New England already had factored its 704 megawatts into its plans. Postponing the delivery of such power on such short notice, ISO New England cautioned, will only cause more risks to reliability, and the postponement may also cause higher utility bills and a lack of incentive to invest in the future. Even thousands of jobs are on the line as the project remains in suspension; Revolution Wind can sustain more than 2,500 US jobs during construction, operation, shipbuilding, and manufacturing, an Ørsted spokesperson recently told CNN.
States condemn the administration’s decision
Does this sound like a federal government that is serving the American people? This is weird, this is illegal, this is possibly catastrophic, and we will not simply sit back and see it happen, so said Rhode Island Attorney General Peter F. Neronha in his statement.
The attorneys general of Connecticut and Rhode Island announced jointly that Revolution Wind will save ratepayers in the two states hundreds of millions of dollars over 20 years. They complain of the restoration of the rule of law, acting in their best interests to protect their energy and economic interests, and to see that the federal government upholds its promises to them.
Trump administration intensifies offshore wind campaign
The case comes when the Trump administration has intensified its aggressive attack against offshore wind. The administration filed documents indicating it will cancel permits to projects in the Maryland and Massachusetts area since it ordered Revolution Wind to cease construction in late August. The Transportation Department rescinded federal grants amounting to $679 million to infrastructures that support offshore wind.
The industry changes to a litigation approach
In April, when the Empire Wind project of New York was halted by the Interior Department, the developer, Equinor, chose to go unsued. The Trump administration gave obscure reasons for stop-work orders. In the case of Revolution Wind, the Interior Department was basing its claims on the issue of national security, which was described as specious by a retired Navy commander.
The Revolution Wind legal battles can be seen as one of the most significant incidents in the renewable energy industry to counteract the opposition of the federal government. Such lawsuits may create essential precedents in terms of securing the investments in the clean energy infrastructure, as well as deciding whether the aggressive litigation approach is effective in the context of the counter-hostility toward the offshore wind development or diplomatic negotiations.