Court backs Orsted: Revolution Wind stop order lifted
Orsted and Skyborn Renewables-owned project has won motion for preliminary injunction against stop work order
A US court has granted a preliminary injunction that ceases enforcement of a stop work order the Trump administration issued against Orsted’s Revolution Wind project.
The US District Court for the District of Columbia (Washington, DC) today said it has granted a motion filed by Revolution Wind for a preliminary injunction of the Bureau of Ocean Energy Management (BOEM)'s order last month that brought the already 80% completed project to halt.
Orsted sued the government earlier this month seeking a stay and injunction of the order to allow it to resume construction.
“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 is in its favour, and maintaining the status quo by granting the injunction is in the public interest,” wrote district judge Royce Lamberth.
“Finding good cause,” the court “finds that Revolution Wind is entitled to a stay and preliminary injunction,” the judge added.
The Trump administration issued the stop work order against the project, which is being developed by Danish state-owned offshore wind developer Orsted and Germany’s Skyborn Renewables, 22 August, inflicting massive losses of around $16m weekly.
“Revolution Wind will resume impacted construction work as soon as possible, with safety as the top priority,” Orsted said in a statement.
The project “will continue to seek to work collaboratively with the US Administration and other stakeholders toward a prompt resolution,” it added.
The 704MW project, due to help power the states of Connecticut and Rhode Island, had already installed all 65 foundations as well as two thirds of its Siemens Gamesa 11MW turbines before the stop work order was issued.
Today’s decision “is welcome news for the hundreds of skilled workers who can now return to their jobs while the legal process continues,” said Liz Burdock, CEO of industry group Oceantic Network.
“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,” she added.
The court's decision “furthers positive momentum for our port infrastructure, shipbuilders, manufacturing supply chains, and the broader regional economy,” said Hillary Bright, executive director for industry advocacy group Turn Forward.
“Large-scale projects like these that keep our country competitive must be met with permitting and regulatory certainty” to restore confidence in the US as a reliable destination for investment, Bright added.
Presidential review
The stop-work order stems from President Donald Trump’s Inauguration Day memorandum freezing sector leasing and permitting and placing even permitted arrays under review towards termination or amendment.
Trump's animosity towards the sector is the stuff of legend, and multiple developers have put their projects on ice for the duration of his term.
Danish offshore wind intelligence firm Aegir Insights cautioned the judge's decision is not a final ruling on the stop work order.
“While the injunction doesn’t guarantee that an eventual ruling would be in Orsted’s favor, it clearly indicates that the judge thinks it would or will be,” said Signe Sorensen, Aegir senior market analyst and Americas lead.
The ruling “is a highly promising sign for the chance of success when fighting back against the Trump administration – a promising sign that was sorely needed, as all offshore wind projects in the US are at risk,” she added.
Former President Joe Biden's administration approved 19GW of capacity, most of which has stalled under Trump. EDF's 1.5GW Atlantic Shores was sidelined after the Trump administration stripped a permit, while US Wind's 1.7GW Maryland arrays and Ocean Winds' 1.2GW SouthCoast project are also being targeted for reversals of their approvals.
Today's ruling “greatly increases confidence that the projects in construction will go ahead, which makes it likely that there is an offshore wind sector, however small and inactive, in the US post-Trump,” said Sorensen.
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