Judge allows lawsuit challenging Trump's wind energy ban to proceed

BOSTON (CN) — A lawsuit challenging the Trump administration’s temporary ban on wind energy development throughout the United States can go forward, a federal court in Boston ruled Wednesday.

More than a dozen Democratic attorneys general sued over a Trump executive order suspending all federal wind energy approvals, citing the need for further review of their economic and environmental impact. U.S. District Judge William Young allowed the challenge to proceed against the Interior Department under the Administrative Procedure Act but dismissed several other claims based on different theories and involving other defendants.

Young said that his oral ruling from the bench was tentative and he reserved the right to alter his decision when he issues a written opinion.

Assuming Young’s oral ruling stands, both sides will submit motions for summary judgment that will be heard on September 4.

At today’s hearing, the federal government argued that the states didn’t have standing to sue because they weren’t the ones managing the wind projects.

“We have this weird dynamic where the states have a declaration from the project owners, but the project owners aren’t here,” complained Department of Justice attorney Michael Robertson. “Mere ripple effects aren’t enough to establish standing. You have to be hit by the splash.”

But Turner Smith of the Massachusetts attorney general’s office said that if the wind projects are halted, her state will be directly impacted. “We can’t replace that energy with clean energy that’s reliable and affordable … We have a 5,600-megawatt target for offshore wind by 2027, and we won’t be able to meet that if we don’t have what’s under contract.”

Robertson suggested that the administration’s review might take 10 months, and that would be reasonable. But Turner said that “we’re five months into this halt, and so far, the National Marine Fisheries Service says they’ve only identified staff to participate. It’s cold comfort to hear that maybe someday these projects might get a permit.”

The supposed review promised in Trump’s January order “hasn’t even begun,” complained James Auslander of Beveridge & Diamond in Washington, D.C., arguing for the Alliance for Clean Energy New York, an intervenor trade group.

Young ruled that the states have standing and a plausible claim, noting, “In the real world, 10 months is a long time,” and citing “I read a banking report four days ago that shows that the banking money is all going to oil and gas now, not offshore wind, not surprisingly.” He emphasized again, “We live in the real world.”

Though unstated, the hearing hinted at skepticism over whether Trump’s wind pause was a genuine review. While the process plays out, Trump has backed coal through new directives and sued New York and Vermont over what he calls “excessive” environmental regulations on fossil fuel producers.

After issuing his ruling, Young went on to comment that even if the states ultimately win the case, the government could still block wind projects it doesn’t like.

“The President of the United States issued this wind pause,” Young told the states’ lawyers. “The evidence is clear that he believes in the concept, as yet untried, of the unitary presidency. Cabinet secretaries are extensions of his will. Living in the real world, it looks like he’s bet the country’s energy future on fossil fuels. It’s not for this court to question that, but living in the real world, you think it’s so clear that you’re actually going to get somewhere after we’ll been through all this?”

“In the end,” he continued, “if you win, we get to a licensing scheme, where licenses can be withheld so long as there’s support for such action. These are matters not for the courts but solely for the executive.”

Smith said that if the wind pause is overturned, existing rules on administrative actions would still protect wind project owners.

Young, 84, a Reagan appointee and Harvard Law graduate, is known for blocking the JetBlue–Spirit merger and sentencing “shoe bomber” Richard Reid to life in prison.