A U.S. federal judge has struck down U.S. President Donald Trump’s executive order freezing wind power development, declaring the action “unlawful” in a 8 December ruling.
“As a fisherman who has witnessed the effects of offshore wind on our ocean and the risks it poses to coastal communities and fishermen, yesterday’s ruling is deeply disappointing,” New England Fishermen's Stewardship Association (NEFSA) President Aaron Williams said in response. “President Trump’s decision to halt offshore wind projects reflected a commitment to responsible ocean management; overturning that decision is a step backward in defending our oceans and the working waterfront.”
Commercial fishing groups have largely opposed offshore wind energy development along the U.S. East Coast, arguing that the infrastructure blocks access to valuable fishing grounds, disrupts the environment, and interrupts NOAA Fisheries’ long-running fisheries surveys.
Wind energy opponents have welcomed the Trump administration’s reversal of former U.S. President Joe Biden’s pro-wind agenda, which had aimed for a doubling of offshore wind power by 2030. During his final year in office, Biden approved a 10th commercial-scale offshore wind project and auctioned off the first four offshore wind energy leases in the Gulf of Maine.
Trump has moved quickly in trying to reverse any offshore wind gains and stymie development; during his first day back in office in January, the president issued an executive order pausing federal approval of wind development on the Outer Continental Shelf.
His administration also issued stop-work orders on two major developments – Empire Wind in New York and New England-based Revolution Wind – but those orders were later rescinded.
In July, Interior Secretary Doug Burgum ordered the government to “end preferential treatment for unreliable energy sources like wind,” leading to the rescinding of all designated Wind Energy Areas on the Outer Continental Shelf.
In May, a coalition of state attorneys general sued the administration to overturn Trump’s executive order, and on 8 December, Judge Patti Saris of the U.S. District Court for the District of Massachusetts vacated that order, siding with the attorneys general in calling the order unlawful.
“In addition to being arbitrary and capricious, the Wind Order must be set aside on the independent basis that it is contrary to law,” Saris said in her ruling.
“Mainers care about protecting our environment. Whatever the federal administration’s position is on wind power, it does not have the right to arbitrarily ban development of this sustainable energy resource,” Maine Attorney General Aaron M. Frey said in a statement. “I am gratified that the Court agreed that the administration had, once again, overstepped. My colleagues and I will continue to hold Trump accountable to the law.”
Wind energy opponents – including commercial fishing groups – expressed frustration with the ruling.
“At NEFSA, we remain dedicated to preventing the industrialization of our fishing grounds and urge that this ruling be reconsidered,” Williams said. “Our ocean and the people who depend on it deserve protection, not policies that prioritize corporate interest over sustainability.”
The Responsible Offshore Development Alliance (RODA), a coalition of fishing industry associations and companies that advocates for the commercial sector’s interests in wind energy development on the Outer Continental Shelf, expressed disappointment, as well.
“RODA continues to support the president’s memorandum to pause the identification of new areas for offshore wind leasing on the Outer Continental Shelf. A measured pause provides a crucial opportunity to improve scientific baseline data, evaluate the pace and scale of offshore wind development, and ensure robust and transparent engagement with the fishing communities who are most directly affected,” the group said after Saris struck down Trump’s order. “Although we are disappointed in the court’s ruling, we urge federal and state decision-makers to move forward with meaningful dialogue and collaboration. The fishing industry and coastal communities must have a substantive role in evaluating the cumulative impacts of offshore wind development and determining whether projects are compatible with local priorities.”
