Ørsted’s Sunrise Wind Receives Injunction Against Trump Administration
A U.S. District Court Judge issued a preliminary injunction on Monday, February 2, for Sunrise Wind against the Trump administration’s December stop-work order. With today’s ruling, all five of the under-construction offshore wind farms have received permission to resume work despite the administration’s claims of new information about potential radar interference from the wind turbine blades and towers.
Ørsted’s Sunrise Wind had reported in early January that it would follow the lead of the other wind farms and also file seeking a court order. The company said that its project was 45 percent complete, with 44 of its 84 foundations installed as part of a total investment of $7 billion.
The New York Times reports that Judge Royce Lamberth said during a two-hour hearing today that he was unconvinced after reviewing under seal the classified report, which is the basis for the government’s claims about national security issues.
“Purportedly new classified information does not constitute a sufficient explanation,” the judge ruled, according to The New York Times. Lambert reportedly called the administration’s actions “likely arbitrary and capricious” and ruled the company would be irreparably harmed unless work resumed.
Ørsted told the court the stop-work order, which was imposed on December 22, was costing it $2.5 million a day.
Sunrise Wind is the least advanced of the five projects that were stopped. It is located approximately 30 miles east of Long Island, New York. Due to be completed in 2027, it will have a capacity of 924 MW.
Other judges also questioned the government’s argument. One said the issue, if there is one, relates to operations and not construction. The companies each argued they had spent years in review and received approvals from the Department of Defense and others.
The orders permit the companies to resume offshore construction work while the courts continue to hear the case challenging the stop-work order. Last week, Dominion Energy confirmed that it had installed the first turbine for its Coastal Virginia Offshore Wind project after receiving its injunction, while Vineyard Wind 1 shipped out its last tower as it nears completion by the end of next month.
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In the past, the Department of the Interior has vowed to continue to fight these five cases in the courts. It has also sought to stop other projects, including Maryland’s offshore wind farm, before they begin construction.
The opposition to offshore wind by the Trump administration has effectively stopped most future development and ended the schedule of future lease sales. The Biden administration was targeting at least 30 GW of offshore wind energy capacity. Bloomberg estimates that the U.S., in the near term, will only reach approximately 6 GW of offshore wind energy capacity due to the Trump administration’s efforts to curtail the industry.