A federal judge on Monday nullified President Trump's January memo that's the partial basis for stymieing new federal permitting and leasing for wind projects.
Why it matters: The January memo is among the most direct of the Trump administration's directives or policies hindering renewable power — but it's not the only one.
- Trump officials have been especially aggressive in targeting offshore wind projects, including ones already approved or even under construction.
Driving the news: Judge Patti Saris, of the U.S. District Court for the District of Massachusetts, ruled Monday that Trump's Jan. 20 order is "arbitrary and capricious" under administrative law.
- The ruling came in a case brought by New York and other states, and the nonprofit Alliance For Clean Energy New York.
- Saris, a Clinton-era appointee, found that federal agencies did not provide a "reasoned explanation" for their actions under the order.
- While projects planned for federal lands and waters are most directly affected, onshore projects on private lands also rely on various forms of federal approvals.
Yes, but: The effects of the judge's ruling are unclear as federal officials rely on several overlapping orders and agency policies to justify restrictions on renewables.
- ClearView Energy Partners said in a note last month that if Saris ruled against the administration, it "could reject any pending permits and/or pursue a de facto pause of project reviews and lease sales since the courts cannot 'force' agencies to issue permits."
What they're saying: "Striking down this unlawful ban gives relief to the communities and workers who need affordable power, local investment and jobs from wind projects that have been stuck in limbo," Environmental Defense Fund attorney Ted Kelly, whose group participated in the case.
The other side: "Under Joe Biden's Green New Scam, offshore wind projects were given unfair, preferential treatment while the rest of the energy industry was hindered by burdensome regulations," White House spokeswoman Taylor Rogers said in a statement.
What we're watching: Whether or not the ruling is appealed, and how the Interior Department and other agencies with a role in wind projects do — or don't — consider projects in its wake.
