Judge Rules Rhode Island Offshore Revolution Wind Can Move Forward

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Judge Rules Rhode Island Offshore Revolution Wind Can Move Forward

America's first offshore wind project, Deepwater Wind off of Block Island PHOTO: Shaun Dakin, Unsplash
A federal judge on Monday granted a request by offshore wind developer Orsted to restart work on the nearly finished Revolution Wind project, which President Donald Trump's administration halted in August.

The ruling is a legal setback for Trump, who has sought to block the expansion of offshore wind in U.S. waters. Attorneys for the administration had argued that the project, located off the coast of Rhode Island, failed to comply with some conditions of its permit.

Judge Royce C. Lambreth rejected the government's claims.

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Background on the Month of Chaos

On August 22, Ørsted’s subsidiary Revolution Wind LLC, a 50/50 joint venture with Global Infrastructure Partner’s Skyborn Renewables which is developing the project, received an order instructing the project to stop activities on the outer continental shelf related to the Revolution Wind project from the US Department of the Interior’s Bureau of Ocean Energy Management (BOEM).

At the time of the work stop order, the project was 80% completed.

The order by the Trump administration was a crippling blow to Rhode Island’s once hopeful growth industry. 

This project has been slated to provide the energy for hundreds of thousands of homes. The companies promised that the construction and maintenance would provide thousands of jobs.

But, this may be the last offshore wind project developed off of Rhode Island for the foreseeable future.

During the past month, McKee, Lamont, and the two states’ congressional delegations lobbied for the restart of the project.

And the Attorneys General of Rhode Island and Connecticut, as well as Ørsted, sued in federal court to force the project to continue.

Connecticut Attorney General William Tong and Rhode Island Attorney General Peter F. Neronha filed suit against the Trump administration in Rhode Island federal court to overturn the baseless stop-work order abruptly issued on August 22, halting construction of Revolution Wind.

In addition, Ørsted and its joint venture partner Skyborn Renewables also filed a lawsuit against the Trump administration, alleging its decision to block construction of the Revolution Wind project off Rhode Island is unlawful, according to a court filing.

According to the suit, the August 22 stop-work order issued by the Bureau of Ocean and Energy Management (BOEM) did not identify any violation of law or imminent threat to safety. The order abstractly cites BOEM’s authority under the Outer Continental Shelf Lands Act (OCSLA), ordering the stop so that the agency may address unidentified “concerns.” No explanation was provided.

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