Judge rules against Trump administration, allows Revolution Wind to resume

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A federal judge on Monday ordered that Orsted’s Revolution Wind may resume construction, affirming the company’s arguments that the Trump administration’s halting of the project is unlawful.

The ruling is a major win for the offshore wind industry, which to date has not seen much relief from the courts in addressing the obstacles that the Trump administration has put in place through executive and secretarial orders. 

The preliminary injunction, as the name suggests, is a preliminary decision that halts the stop-work order while the case plays out. Still, such an injunction must meet four conditions, including that the plaintiff (Orsted) is likely to succeed on the merits of their argument and suffer irreparable harm without relief, and that an injunction would be in the public interest.

Orsted in a statement Monday said it “will resume impacted construction work as soon as possible, with safety as the top priority” and that the company will “continue to seek to work collaboratively with the US Administration and other stakeholders toward a prompt resolution.”

An Orsted spokesperson, however, did not say exactly when they would start up. 

“Revolution Wind may want to commence construction right away, and they may do so,” said Timothy Fox, an analyst at ClearView Energy Partners. “But they may also face a risk that if the appellate court were to overturn that decision, then they’ve spent more money on construction for a project that still may be at risk.”

Fox, who was in the courtroom Monday, said Judge Royce C. Lamberth cited comments Interior Secretary Doug Burgum had publicly made about the stop-work order and noted that they seemed to contradict what the federal government was arguing in court. 

The hearing took place in federal court in Washington, D.C. The courtroom allows remote access by phone, but that system failed during Monday’s hearing, so The Light was unable to hear the arguments from counsel for Orsted and the federal government.

The judge, Fox said, ultimately called the federal government’s action the “height of arbitrary and capricious.”

The U.S. Interior Department and the Bureau of Ocean Energy Management may appeal the judge’s decision and bring it to the federal appellate court. A BOEM spokesperson declined comment, stating it is agency policy not to comment on litigation. 

An Interior Department spokesperson did not answer questions on whether it would appeal, but released a statement that seemed to agree that the project can resume installing its remaining turbines. 

“As a result of the Court’s decision today, Revolution Wind will be able to resume construction as BOEM continues its investigation into possible impacts by the project to national security and prevention of other uses on the Outer Continental Shelf,” said Interior spokesperson Elizabeth Peace. “The Department of the Interior remains committed to ensuring that prior decisions are legally and factually sound.”

In court filings, Orsted argued the Aug. 22 stop-work order was arbitrary, capricious and politically motivated: “On information and belief, BOEM has been subject to political pressure from the White House and Members of Congress to halt offshore wind.”

The stop-work order, Orsted attorneys argued, presented a threat to the project that could result in its cancellation. When the order hit in August, about 70% of the turbines were installed. The pause, they said, cost millions of dollars per week.  

BOEM, in its brief order halting the project, said it was “seeking to address concerns related to the protection of national security interests of the United States and prevention of interference with reasonable uses of the exclusive economic zone, the high seas, and the territorial seas.” 

The federal government in later court filings provided more detail, stating the project had failed to reach an agreement with the Defense Department on how the project would mitigate certain impacts, E&E News reported. 

Interior Acting Assistant Secretary Adam Suess wrote in a Sept. 12 filing that the Interior Department had “not received any information that any of these national security concerns” have been addressed by Revolution Wind. 

“I think it shows that the courts are taking these actions against offshore wind seriously,” said Nick Krakoff, a senior attorney at the Conservation Law Foundation, of Monday’s ruling. “They were persuaded by Orsted that this action violated the law.”

The ruling could also provide a bit of comfort for workers supporting other under-construction projects, including Vineyard Wind workers in New Bedford, who have been concerned that their project could be the Trump administration’s next target. 

Vineyard Wind is about as far along as Revolution Wind, with about 50 of the project’s 62 turbines in the water.

Union workers on the site in New Bedford said last week that they have about 10 “load-outs” (meaning sets of turbines) left, and hope the Trump administration leaves them alone so they can finish it. 

This is the first time a project directly challenged the administration over a stop-work order. When the Interior Department halted New York’s Empire Wind from starting construction in April, the company, Equinor, did not sue. 

The Trump administration ultimately let that New York project proceed after a monthlong pause. It remains to be seen whether the administration will accept this latest ruling and allow Revolution Wind to proceed without appeal. 

Revolution Wind, 12 miles south of Martha’s Vineyard, is slated to send power to both Rhode Island and Connecticut with 65 turbines; 45 of those turbines have been installed. It is slated to power up to 350,000 homes. 

Email Anastasia E. Lennon at alennon@newbedfordlight.org.

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