BOSTON – The federal district court of Massachusetts has vacated an inauguration day executive order signed by President Donald Trump that suspended any new federal authorization to develop wind energy projects. both onshore and offshore.
The executive order directed:
“the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the heads of all other relevant agencies, shall not issue new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices.”
The lawsuit, filed by 17 states, including Massachusetts, and the District of Columbia (Washington, D.C.), argued that the order is “arbitrary and capricious,” in violation of two sections of the Administrative Procedure Act.
U.S. District Judge Patti Saris wrote in her decision that orders from the then-Acting Secretary of Interior Walter Cruickshank, issued the same day as the executive order, suspended all delegation of authority within the Interior Department to issue any onshore or offshore renewable energy authorization until the agency completed the review ordered by Trump.
Saris also wrote that the agency said that assessment was underway, but provided no timeline for its completion.
Judge Saris vacated the executive order, saying in her decision that “after review of the parties’ submissions and a hearing, the Court concludes that the Wind Order constitutes a final agency action that is arbitrary and capricious and contrary to law.”
