MASSACHUSETTS — U.S. District Judge Denise J. Casper issued a preliminary injunction blocking the Trump administration from implementing a policy requiring all solar and wind energy projects on federal lands and waters to be personally approved by Interior Secretary Doug Burgum. Casper, chief judge of the U.S. District Court for Massachusetts, ruled that plaintiffs representing wind and solar developers were likely to succeed on the merits of their claims that the administration's actions violate federal statute and would cause irreparable harm without court intervention.
The Interior Department's July policy directed that all such projects must receive Burgum's personal sign-off. His order authorized elevated review of renewable projects, including proposed leases, rights of way, construction and operational plans, grants and biological opinions.
A coalition of regional wind and solar developers sued Burgum and other federal officials in December. The lawsuit challenged six final agency actions that place wind and solar technologies into "second-class status." The plaintiffs accused Burgum of favoring fossil fuels such as oil and natural gas and said he had intentionally changed longstanding agency processes and legal determinations to delay and prevent the permitting and construction of wind and solar facilities.
The coalition said Burgum's actions had the "goal and effect of destroying solar and wind energy" proposals in the United States. The plaintiffs include the Alliance for Clean Energy New York, MAREC Action, Southern Renewable Energy Association, Clean Grid Alliance, Interwest Energy Alliance, Renewable Northwest, Carolinas Clean Energy Business Association, Renew Northeast and Green Energy Consumers Alliance.
In a joint statement following the ruling, the plaintiffs said, "Clean energy is fast, affordable and here to stay. We look forward to getting back to work and restarting the impacted wind and solar projects nationwide." Kit Kennedy, managing director for power at the Natural Resources Defense Council, said, "The administration should take the hint and stop these illegal attacks on projects that will help meet surging electricity demand and bring down costs for consumers."
An Interior Department spokesperson said, "America sets the global standard for energy production. We do it cleaner, safer, and more reliably than anywhere in the world."
In his second term, President Donald Trump has focused U.S. energy production on fossil fuels. A law approved last year by the Republican-controlled Congress phases out tax credits for wind, solar and other renewable energy while enhancing federal support for coal, oil and natural gas. Three days after signing the law, Trump issued an executive order that further restricts subsidies for what he called "expensive and unreliable energy policies from the Green New Scam."
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