By MATTHEW DALY and JENNIFER McDERMOTT, Associated Press
WASHINGTON (AP) â A federal judge on Monday struck down President Donald Trumpâs executive order blocking wind energy projects, saying the effort to halt virtually all leasing of wind farms on federal lands and waters was âarbitrary and capriciousâ and violates U.S. law.
Judge Patti Saris of the U.S. District Court for the District of Massachusetts vacated Trumpâs 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 Trumpâs Day One order that paused leasing and permitting for wind energy projects.
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.
âMassachusetts has invested hundreds of millions of dollars into offshore wind, and today, we successfully protected those important investments from the Trump administrationâs unlawful order,â Campbell said in a statement.
âThis 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,âł she added.
The coalition that opposed Trumpâs order argued that Trump doesnât have the authority to halt project permitting, and that doing so jeopardizes the statesâ economies, energy mix, public health and climate goals.
The government argued that the statesâ claims amount to nothing more than a policy disagreement over preferences for wind versus fossil fuel energy development that is outside the federal courtâs jurisdiction. Justice Department lawyer Michael Robertson said in court that the wind order paused permitting, but didnât halt it, while Interior Secretary Doug Burgum reviews the environmental impact of wind projects.
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 Statesâ 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.
The Interior Department and the White House didnât immediately respond to requests for comment, but the White House previously accused the Democratic attorneys general of using lawfare to stop the presidentâs energy agenda.
Marguerite Wells, executive director of the Alliance for Clean Energy New York, said wind energy is a key component of powering the nationâs electric grid.
Wind âis currently one of the most cost-effective ways to generate power and is being used successfully not only in the United States, but across the world,â she said. âWith this ruling behind us, projects can now be judged on their merits. We thank the attorneys general who helped us get this case over the finish line.â
Kit Kennedy of the Natural Resources Defense Council called the decision a win for consumers, union workers, U.S. businesses, clean air and the climate.
âFrom the beginning of its time in office, the Trump administration put a halt to the wind energy projects that are needed to keep utility bills in check and the grid reliable,â Kennedy said.
The wind order âhas been a devastating blow to workers, electricity customers, and the reliability of the power grid,â she said, adding that the Trump administration âshould use this (ruling) as a wake-up call, stop its illegal actions and get out of the way of the expansion of renewable energy.â