Construction of Revolution Wind can continue after federal stop-work order, judge rules

“Revolution Wind has demonstrated likelihood of success on the merits of its underlying claims, it is likely to suffer irreparable harm in the absence of an injunction, the balance of the equities in its favor, and maintaining the status quo by granting the injunction is in the public interest,” Lamberth wrote.

The lawsuit was brought by the Revolution Wind joint venture between Danish firm Ørsted and a consortium led by Skyborn Renewables.

Monday’s decision means the project can restart construction as the case moves through the court system, Ørsted said in a statement.

“Revolution Wind will resume impacted construction work as soon as possible, with safety as the top priority,” the company said, adding it “will continue to seek to work collaboratively with the US Administration and other stakeholders toward a prompt resolution.”

The $4 billion, 65-turbine wind farm was already about 80 percent complete when work came to a sudden stop last month.

The federal Bureau of Ocean Energy Management said at the time it was looking to address “concerns related to the protection of national security interests.”

The stoppage drew swift backlash from officials in Rhode Island and Connecticut, as the project is poised to deliver enough electricity to power 350,000 homes in the two states, and was on track to providing the boost to New England’s electric grid by next spring.

The attorneys general of Rhode Island and Connecticut filed a separate, ongoing lawsuit against the federal government over the stoppage.

“Today’s legal victory in Washington, D.C. reaffirms what we know to be true: this President cannot cancel clean energy projects just because he believes doing so is politically expedient for him,” Rhode Island Attorney General Peter F. Neronha said in a statement. “Indeed, the outcome here bodes well for our case in Rhode Island.”

The stop-work order was one of several moves the Trump administration has taken to slow or stop offshore wind in New England in short order, dealing significant setbacks to a burgeoning industry.

Governor Daniel J. McKee, a Democrat, issued a statement saying the court decision bolsters his contention that “halting a fully permitted project that is already 80 percent complete harms Rhode Island families, businesses, and workers.”

“I am encouraged by this ruling that will put people back to work,” he said. “I remain optimistic that the courts will continue to recognize the legitimacy and importance of this project to our jobs and our energy future.”

During an Aug. 25 press conference, Patrick Crowley, president of the Rhode Island AFL-CIO, blasted the decision to halt Revolution Wind, and said, “I know one potential headline that I’m going to see in the future: ‘Small Man Takes on Small State, and Small State Wins.’”

On Monday, Crowley said, “Today the headline is: ‘Small State Wins.”

Crowley said news of Monday’s court decision broke during the Rhode Island AFL-CIO executive board meeting. “A big cheer went up,” he said. “Some business managers with guys impacted were getting on the phone to get people back to the docks, out on the boats, and back to work as soon as possible.”

Monday’s ruling shows that critics of the Trump administration’s action were right all along, Crowley said. “There is no substantive reason to stop this project, given that it’s 80 percent complete,” he said. “Hopefully, it means that not only this project but the rest of the offshore wind projects will go forward.”

US Senator Jack Reed, a Rhode Island Democrat, called the ruling a positive development. “This is a win for workers and should be upheld,” he wrote on social media.

US Representative Seth Magaziner, a Rhode Island Democrat, also weighed in on social media. “This is the right outcome. Revolution Wind is 80 percent complete and will deliver much needed low cost energy to the grid,” Magaziner said.

Magaziner said it was apparent when he asked an administration official about the stoppage in a House committee hearing earlier this month that “they had no clear argument for stopping the project.”

Climate Action Rhode Island’s “Yes to Wind” team lead Christian Roselund praised the judge’s ruling. “Trump is not a god, or a king. His administration often issues illegal orders and they can be stopped,” Roselund said. “This is a huge win not just for Revolution Wind, but for offshore wind projects up and down the East Coast that are being targeted by Trump.”

Liz Burdock, chief executive of Oceantic Network, a trade group, said Monday’s decision is “welcome news for the hundreds of skilled workers who can now return to their jobs while the legal process continues.”

“Revolution Wind is critical to securing New England’s electric grid, lowering energy costs for businesses and families, strengthening the local supply chain, and achieving energy independence,” Burdock said in a statement.

Kate Sinding Daly, senior vice president for law and policy at Conservation Law Foundation, said the ruling “confirms what we’ve known all along — that the Trump administration’s attempt to stop Revolution Wind is not only a violation of the law but a dramatic overreach.”

“The court’s decision restores momentum toward bringing clean, local power to New England, strengthening our energy security, and supporting thousands of jobs across the region,” she said in a statement.

In court filings, the federal government had said the stop-work order was issued after project developers left unanswered questions about the impact it would have on national defense interests and scientific surveys.

But Ørsted contended the company was meeting regularly with federal officials, including just two days before the order was issued, and the possibility of an order was never raised.

According to its motion for the preliminary injunction, attorneys for Ørsted said the project had received more than 20 approvals from federal and state agencies.

Ørsted had estimated it was losing more than $2 million per day on installation and manufacturing contracts during the shutdown, according to an affidavit.

Christopher Gavin can be reached at [email protected]. Edward Fitzpatrick can be reached at [email protected]. Follow him @FitzProv.