New England wind power project can resume construction, judge rules

Bloomberg News

Revolution Wind, the wind turbine power generation project off the shore of Rhode Island and Connecticut, can resume work, a federal judge ruled on Monday. 

The multi-billion dollar project was 80% complete when the Trump administration issued a stop-work order. The U.S. District Court for the District of Columbia granted the project a preliminary injunction, allowing developer Ørsted to resume work as the lawsuit progresses. 

"Revolution Wind has demonstrated likelihood of success on the merits of its underlying claims," Judge Royce Lamberth wrote in granting the injunction.

"Today's ruling allowing Revolution Wind to resume work is extremely encouraging for workers and our energy future," Connecticut Gov. Ned Lamont said in a statement.

"We will continue to engage with the federal government on a durable path forward for this project and on shared energy priorities," he said.

"I am encouraged by this ruling that will put people back to work," Rhode Island Gov. Dan McKee said. "I remain optimistic that the courts will continue to recognize the legitimacy and importance of this project to our jobs and our energy future."

The Trump administration has taken a flurry of actions against offshore wind projects, rescinding grants and permits and attempting to halt work on projects that have already begun construction.

Revolution Wind, which is a joint venture of Danish developer Ørsted and consortium led by Skyborn Renewables, was halted in August. The stop-work order for the project, which underwent years of federal regulatory review before it started, came from the Bureau of Ocean Energy and Management. 

"BOEM is 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," BOEM Acting Director Matthew Giacona wrote.

Lamberth said the administration did not offer "any factual findings" to support security concerns, according to a report from Politico on Monday's hearing. He also called the Bureau of Ocean Energy and Management's approach "arbitrary and capricious."

The judge said delays would cause "irreparable harm" to the project. He noted that the construction requires access to a specialized ship which Ørsted won't be able to access after December, and that Ørsted claimed to be losing $2 million every day the project was delayed. 

"Revolution Wind will resume impacted construction work as soon as possible, with safety as the top priority," Ørsted said in a statement after the ruling.

The project is supposed to power as many as 35,000 homes as soon as next year. 

Lamont and McKee have sought to negotiate with the administration to keep Revolution Wind on track. The Trump administration claims that it allowed a New York wind farm to resume construction in exchange for a natural gas pipeline that the state had sought to block. 

Lamont said earlier this month that he's "absolutely" open to a similar deal, but hasn't had success getting through to the White House.

Lamont and McKee reiterated in their statements that they are open to increasing natural gas production and working with the Trump administration.

"I have always said that Connecticut is committed to ensuring that our electric grid is reliable, resilient and that our energy costs become more affordable," Lamont said in his statement.

"Offshore wind and other renewables are central to that effort, but it must be complemented by a diverse mix of resources, including nuclear power, natural gas, hydropower, and other technologies," he said.

"My administration continues to support an all-of-the-above energy strategy that includes offshore wind, nuclear power, natural gas, and hydropower," McKee said. "I will continue to engage with the federal government and pursue every avenue to protect this important economic engine and lower long-term energy costs for the people of Rhode Island."