Federal Judge Rules Trump’s Anti-Wind Directive Is Unlawful

President Donald Trump’s order to halt all new wind energy leasing is unlawful, a federal judge ruled on Monday.

The order was “arbitrary and capricious and contrary to law,” U.S. District Court Judge Patti B. Saris wrote in a ruling issued Monday.

She added that the Trump administration did not provide adequate justification for its moratorium on wind energy aside from a vague reference to “various alleged legal deficiencies” in the wind permits that past administrations granted.

“Whatever level of explanation is required when deviating from longstanding agency practice, this is not it,” Saris said in the order.

Trump’s January order — one of the first executive actions of his second term — also directed the federal government to review existing onshore and offshore wind projects to determine whether their leases should be terminated or amended. Under the directive, the Trump administration canceled an onshore wind farm planned for Idaho that was set to be one of the largest wind projects in the country and has stopped issuing leases for wind farms.

The administration also cited the directive in other anti-wind-energy actions, including in stop-work orders issued to Revolution Wind in Rhode Island — a project that was almost complete when the Trump administration ordered it to cease construction — and Empire Wind in New York. A federal judge in September deemed the stop-work order for Revolution Wind illegal, and the Trump administration in May allowed Empire Wind to resume work.

Saris’ ruling said the coalition of 17 states and Washington, D.C., that sued the Trump administration for issuing the order “have produced ample evidence demonstrating that they face ongoing or imminent injuries due to the Wind Order.”

Contractors, states and others involved in the wind industry have reported economic losses and disruptions after the Trump administration issued the wind directive.

The ruling also criticized the administration for framing the January order as a temporary measure. The directive said the federal government could resume wind leasing after completing a multiagency assessment of the impacts of wind energy on wildlife and the economy, but Saris’ order on Monday highlighted that the federal government has not provided updates about its progress on that assessment.

“As we look to build the electric grid that will power America’s future, wind energy is a key component. It is 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. With 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,” Marguerite Wells, executive director of the Alliance for Clean Energy New York, one of the plaintiffs in the case, said in a statement.

The White House would not say whether the administration plans to appeal the ruling.

“President’s day one executive order, instructed agencies to review leases and permitting practices for wind projects with consideration for our country’s growing demands for reliable energy, effects on energy costs for American families, the importance of marine life and fishing industry, and the impacts on ocean currents and wind patterns,” White House spokesperson Taylor Rogers said in a statement to NOTUS.

It’s unclear if or when the administration will resume wind leasing and how this court decision will affect the federal government’s broader attempts to slow and dismantle wind development.

The administration has culled the industry through a variety of other moves, including canceling millions of dollars in funding related to offshore wind projects and issuing in July a regulation that requires even routine activities related to wind projects on federal land to undergo heightened review by the Interior Department’s secretary.

Trump’s team is also using environmental and national security arguments to attempt to revoke multiple existing wind permits in court. A federal judge is allowing the administration to use that legal strategy for at least one project.

Saris’ order leaves the door open for the administration to continue pursuing at least some of those other anti-wind avenues. The opinion does not preclude federal agencies from revoking particular wind project permits, the order said.