D.C. federal judge allows Revolution Wind developers to resume work

Construction on the Revolution Wind offshore wind project off the coast of Rhode Island can resume, a federal judge in Washington D.C. ruled Monday.

Senior Judge Royce Lamberth granted the project developers’ motion for a preliminary injunction, finding that the U.S. Bureau of Ocean Energy Management’s (BOEM) Aug. 22 decision to abruptly halt construction of the 65-turbine project was “the height of arbitrary and capricious actions” and unsupported by any evidence of national security concerns.

“The Bureau does not point to any factual findings that lead them to believe Revolution Wind is implicated in either of these concerns or that those concerns rise to such a level that warrant work cease immediately,” Lamberth, an appointee of former President Ronald Reagan, said.

Monday’s ruling now means that work on the $5 billion project already 80% completed is expected to resume “as soon as possible” as the lawsuit progresses, according to a statement issued by Ørsted.

“Revolution Wind will continue to seek to work collaboratively with the US Administration and other stakeholders toward a prompt resolution,” the statement read.

Elizabeth Peace, a spokesperson for the U.S. Department of Interior, said the administration will continue its investigation into possible impacts by the project to national security and prevention of other uses on the Outer Continental Shelf.

“The Department of the Interior remains committed to ensuring that prior decisions are legally and factually sound,” Peace said.

Lamberth’s decision came after a 90-minute hearing that was supposed to be accessible to the public via phone. But audio for the call cut out a little over two minutes into the hearing, just as Revolution Wind attorney Janice M. Schneider was making her opening argument.

“Following no process under statute or regulations, the government changed its position and suspended work on a previously-approved project at a critical stage of construction with no notice, no allegation of violation, no meaningful explanation, no consideration of Revolution Wind’s reliance interest, and no due process whatsoever,” Schneider said at around 11:09 a.m.

Lisa J. Klem, special assistant to the Chief Judge for the U.S. District Court for the District of Columbia, acknowledged at 11:30 a.m. there was an “issue” with the audio and asked the court’s IT team to fix it without interrupting proceedings.

Audio resumed after 12:30 p.m., when Lamberth announced his decision finding that Revolution Wind is suffering “irreparable harm” as a result of the stoppage.

Danish developer Ørsted and its joint venture partner Skyborn Renewables filed the lawsuit against the Trump administration. Attorneys general for Rhode Island and Connecticut filed a similar lawsuit in federal court in Providence pointed at the Trump administration to restart construction — a case the federal government is asking be consolidated with the Revolution Wind lawsuit in D.C.

Rhode Island Attorney General Peter Neronha in a statement said he believes Lamberth’s ruling will bode well for his case, which as of Monday has yet to be scheduled to go before Judge Mary S. McElroy.

“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,” Neronha said.

In court filings, the developers noted they were losing $2 million a day on work and equipment contracts. Lamberth warned that further delays could allow Rhode Island and Connecticut to terminate their power purchase agreements with the company.

“If Revolution Wind cannot meet benchmark deadlines, the entire enterprise could collapse,” Lamberth said.

Gov. Dan McKee, who had been pressing the Trump for a one-on-one meeting with the president to discuss Revolution Wind, said he was encouraged by Monday’s ruling.

“I remain optimistic that the courts will continue to recognize the legitimacy and importance of this project to our jobs and our energy future,” McKee said in a statement. “Today’s court decision on Revolution Wind reaffirms what I’ve been saying from day one: Halting a fully permitted project that is already 80% complete harms Rhode Island families, businesses, and workers.”

Lamberth acknowledged the many workers stuck in limbo as a result of the stop work order. Rhode Island’s union leaders estimate 1,000 workers across the Ocean State and Connecticut stood to lose their jobs if the construction halt continued.

Rhode Island AFL-CIO President Patrick Crowley told Rhode Island Current a group of 50 union leaders were in the midst of a meeting when the news broke, just before he said he was going to head to New York City to speak on a Climate Week panel

“And now we have some good news to celebrate,” he said. “Sometimes it’s better to have good timing than good luck, I guess.”

Justin Kelley, a business representative and political director for the International Union of Painters and Allied Trades District Council 11, said Monday afternoon that he is working to get about 50 union members back on the job coating the turbines to prevent corrosion as soon as possible.

“We were prepared for this potential opportunity and here we are,” Kelley said. “We’re going to take it and hope to God the administration sees the light of day here and doesn’t try to challenge this.”