A federal judge in Massachusetts sided with renewable energy developers Tuesday in a challenge to Trump administration actions targeting wind and solar projects, blocking the administration from enforcing decisions that advocates say are slowing project development across the country.
U.S. District Judge Dennis Casper, an Obama appointee, said in his order that the plaintiffs are likely to succeed on the merits, arguing that the administration’s actions violated the Administrative Procedure Act and that without relief they would “suffer imminent and irreparable harm.”
The order comes as the administration has already lost several court cases over a number of cross-agency actions targeting wind and solar power, including efforts to block offshore and onshore wind projects.
Tuesday’s ruling applies to members of a group of plaintiffs who have launched legal challenges. “After careful consideration of the parties’ submissions, briefs from the amicus curiae, and oral arguments by the parties, the court grants the plaintiffs’ motion for a preliminary injunction requesting a preliminary injunction from participating in the agency action involving members of the (Green Energy Consumers Alliance) and community organization plaintiffs,” Casper wrote.
A coalition of organizations representing regional wind and solar developers last year challenged several executive actions targeting solar and wind, including a July memorandum from the Department of the Interior requiring decisions about wind and solar farms to be reviewed by senior Interior Department officials. The memo included nearly 70 specific decisions, consultations and other actions, including the issuance of permits for wind and solar projects.
Groups including RENEW Northeast, MAREC Action, The Alliance for Clean Energy-New York, and Clean Grid Alliance sought to halt the action, saying it would be detrimental to wind and solar technologies.
In their responses Tuesday, the organizations hailed the decision as an “undeniable” victory for both themselves and the broader clean energy industry. They added that they look forward to restarting the affected wind and solar projects.
“Our coalition called for and received an immediate end to the Trump administration’s illegal permitting practices that discriminatoryly placed wind and solar technologies in second-class status,” the statement said.
The Home Office said it does not comment on ongoing litigation.
Mr. Casper on Tuesday granted a motion for a preliminary injunction, blocking the department from implementing a July memo and other measures that required the Interior Department to consider the project’s “capacity density” relative to other energy sources, as well as a similar order in the Army Corps of Engineers. He also blocked agency action targeting key planning tools for wind and solar, as well as the implementation of comments on offshore wind development.
Interior Secretary Doug Burgum appeared before the House Environment and Appropriations subcommittee earlier this week and defended his department’s actions, saying solar power has “supply chain security” issues and wind projects leave the United States vulnerable to “drone swarm attacks” and undersea attacks.
