Challenge to Orsted project advances as legal hits keep coming at US offshore wind
Plaintiffs confirm Trump's Department of Justice declined to support the developer in its move to dismiss case, a first for a project in construction
Judge Royce Lamberth with the federal District Court for the District of Columbia in Washington, DC rejected Orsted’s move to dismiss the suit on Wednesday, allowing it to proceed.
Green Oceans and 35 other plaintiffs are suing federal regulators including the Bureau of Ocean Energy Management and its consulting agencies to void permits for the 704MW wind farm split between Connecticut and Rhode Island, claiming its approval was based on faulty science in violation of US environmental statutes.
Revolution is currently in offshore installation at its lease 15 miles (24 km) south of Rhode Island in the sprawling Massachusetts and Rhode Island wind energy area.
“This is a great day for those of us who oppose the industrialisation of the oceans and who believe in the rule of law,” said Lisa Quattrocki Knight, president of Green Oceans and one of the plaintiffs.
Orsted is acting as intervenor/ defendant in the case, apparently without the aid of Department of Justice (DoJ) lawyers, according to Green Oceans.
The DoJ had no comment. Orsted likewise declined to comment on ongoing litigation. Green Oceans is represented by the Washington, DC firm, Marzulla Law.
Litigation challenging major infrastructure projects is nothing new in the US, and flagship array Vineyard Wind 1 has survived multiple attempts to void its permits.
Game-changer
President Donald Trump’s executive order targeting wind power, offshore wind in particular, adds impetus to this litigation, however.
As promised, on his first day in office Trump banned offshore wind leasing and permitting and put approved capacity up for further review.
Trump’s order has already resulted in the pulling of a key permit for EDF’s Atlantic Shores array to New Jersey.
This was the first time a federal agency scuttled an offshore wind project permit and “demonstrates that the Trump administration intends to halt at least some projects,” said Timothy Fox, managing director at consultancy ClearView Energy Partners.
“The question is, which ones are most at risk?” he added.
DoJ's exact stance on Revolution is still unknown. “I wouldn’t say DoJ is backing down until it's in a formal brief/motion,” Fox said.
“We would think the administration may be inclined to support this project since it’s currently under construction, aligning with comments from Burgum that some may move forward, but others may not,” he added.
Atlantic Shores had seen major turmoil outside litigation, including exit of EDF's partner Shell, and had not begun construction.
Orsted by contrast has taken financial close on Revolution and the project is well into construction. As of Orsted's last earnings call 6 February, the developer had installed 52 foundations and 18 turbines.
Oliver Metcalfe, BNEF head of wind research, said in a recent interview he considered the 6GW of capacity currently in construction “probably safe”, adding: “The real game-changer would be any successful move to revoke existing permits or leases.”
Revolution is owned in a joint venture between Orsted and BlackRock’s Global Infrastructure Partners.