Democratic-led states sue Trump admin. over wind energy permitting freeze

States led by Massachusetts, New York and California said the president doesn't have the power to unilaterally stop permitting for the growing source of clean energy.

Offshore wind turbines, photo courtesy Johndal via Flickr.

A group of 18 Democratic attorneys general sued President Donald Trump on Monday, seeking to block the administration’s “categorical and indefinite” pause on approvals for new wind energy projects.

The top lawyers for Massachusetts, New York, California and elsewhere told a Massachusetts federal court that the president’s wind freeze order exceeds his authority and was issued without a reasonable explanation, in violation of the Administrative Procedure Act.

They also argued the directive, which instructs the U.S. Interior Department to pause new approvals pending a review of wind energy development impacts, exceeds the federal government’s authority under a slew of other laws, including the Clean Air Act and Endangered Species Act.

And, importantly, the freeze puts billions of dollars in state and private investments at risk and threatens to restrict the states from securing “reliable, diversified and affordable” energy to meet their own clean energy goals and increasing power supply demands.

“Massachusetts has invested hundreds of millions of dollars into offshore wind to ensure our residents have access to well-paying green jobs and reliable, affordable energy that helps meet our clean energy and climate goals,” said Massachusetts Attorney General Andrea Joy Campbell in a statement.

“The President’s attempts to stop homegrown wind energy development directly contradict his claims that there is a growing need for reliable domestic energy.”

The Interior Department and White House didn’t immediately respond to requests for comment.

The lawsuit relates to an executive order signed by Trump on his first day in office. It was part of a package of directives that favor fossil fuel development and his stated goal of “unleashing” American energy supplies.

Trump and his allies have argued that the federal government during President Joe Biden’s term placed undue burdens on energy development, although U.S. oil production hit a record high during that time.

Biden’s term was notable as well for its emphasis on building out renewable energy capacity in the U.S. to address climate change, including through the expansion of wind energy both onshore and offshore.

Biden approved at least 11 commercial wind projects, mostly off the East Coast, that could power roughly 6 million homes if completed.

Trump has taken an aggressive stance to rein that in, including through the halt on new permitting. In April, U.S. Interior Secretary Doug Burgum ordered the U.S. Bureau of Ocean Energy Management to immediately stop work on Equinor’s fully-permitted Empire Wind project pending a new review of impacts.