Federal judge blocks Trump administration restrictions on wind and solar projects

Denise J Casper, chief judge of the US district court for Massachusetts, ruled that a coalition of plaintiffs representing wind and solar developers were likely to succeed on the merits of their claims that the administration’s actions violate federal statute and would cause irreparable harm if the court did not intervene.

She issued a preliminary injunction to stop the administration from implementing the policies, which clean energy advocates said would hamstring projects that need to get under way quickly to qualify for expiring federal tax credits.

The interior department in July said that all solar and wind energy projects on federal lands and waters must be personally approved by Burgum, a layer of enhanced oversight that officials said was needed to end what they said was preferential treatment for these technologies under the Biden administration. Burgum’s order authorized him to conduct “elevated review” of renewable projects, from proposed leases to rights of way, construction and operational plans, grants and biological opinions.

A coalition of regional wind and solar developers sued Burgum and other federal officials in December, saying his actions had the “goal and effect of destroying solar and wind energy” proposals in the United States. They accused Burgum of favoring fossil fuels such as oil and natural gas and said he had intentionally changed longstanding agency processes and legal determinations to delay and prevent the permitting and construction of wind and solar facilities. The lawsuit challenged six final agency actions that it says place wind and solar technologies into “second-class status”.

An interior spokesperson said on Tuesday the department does not comment on litigation, but added: “America sets the global standard for energy production. We do it cleaner, safer, and more reliably than anywhere in the world.”

In his second term, Donald Trump has focused US energy production on fossil fuels, which he says will lower costs for families, increase reliability and help the US maintain global leadership in artificial intelligence. Critics say that change continues US dependence on more polluting energy sources and sets the country apart from a world transitioning toward cleaner energy.

A law approved last year by the Republican-controlled Congress phases out tax credits for wind, solar and other renewable energy while enhancing federal support for coal, oil and natural gas. Three days after signing the law, Trump issued an executive order that further restricts subsidies for what he called “expensive and unreliable energy policies from the Green New Scam”.

The plaintiffs said in a joint statement on Tuesday that the ruling was the first of many steps to bring more affordable energy options to people across the country.

“Clean energy is fast, affordable and here to stay,” the statement said. “We look forward to getting back to work and restarting the impacted wind and solar projects nationwide.”

The plaintiffs are: the Alliance for Clean Energy New York, MAREC Action, Southern Renewable Energy Association, Clean Grid Alliance, Interwest Energy Alliance, Renewable Northwest, Carolinas Clean Energy Business Association, Renew Northeast and Green Energy Consumers Alliance.

Kit Kennedy, managing director for power at the Natural Resources Defense Council, said the Trump administration keeps trying new ways to block the clean energy projects needed to power the grid, and the courts keep striking them down.

“The administration should take the hint and stop these illegal attacks on projects that will help meet surging electricity demand and bring down costs for consumers,” Kennedy said in a statement.

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