Judge Vacates Trump’s Order Stopping Review and Approval of Wind Farms

A U.S. federal judge found for the states in a complaint filed against the Trump administration regarding Donald Trump’s January 2025 executive order placing the wind energy industry under review. While the decision is being hailed as a key victory by advocates, it may in reality do little to end the administration's assault on wind energy and other elements of renewable energy.

A coalition of 17 states and Washington, D.C., had sued earlier this year seeking to overturn the executive order, which placed the approval process for wind energy projects under review. The order signed on Trump’s first day in office directed U.S. departments to suspend additional licensing and to review the permitting process, contending that there are negative effects on national security, transportation and commercial interests, and that the leases “may lead to grave harm.” The administration has also argued that there were deficiencies in the reviews under the Biden administration and that approvals were rushed.

The order, however, was found to be “arbitrary and capricious” by U.S. District Court Judge Patti Saris in Massachusetts. She issued an order on December 8, vacating the executive order, writing that it is contrary to U.S. law. The judge rejected the arguments that the order is unconstitutional, but found that it violates the Administrative Procedures Act that governs how agencies administer programs.

Judge Saris said the Department of the Interior had failed to provide a “reasonable explanation” of the policy stopping the reviews and approval. The agencies had argued they were following the president’s order in stopping the reviews. They told the court that it is a policy disagreement with the states and outside the court’s jurisdiction.

The states had argued that it was an over step of presidential authority to halt the entire permitting process. They said it jeopardized state policies and large investments already made into renewable energy.

The order, which had also been a key issue in other efforts by the Trump administration, had previously been questioned by other courts, which noted that the review was open-ended. The Department of Justice cited the order in other cases where it had said previously issued permits and approvals would be reviewed in part due to the order. A court hearing a case against one of the Massachusetts wind farms had ordered the administration to provide regular updates on the review, saying it could not continue indefinitely.

The challenge to the executive order was being led by state attorneys general, including those from New York and Massachusetts. New York’s Attorney General Letitia James quickly issued a statement thanking the court for blocking the “reckless and unlawful crusade against clean energy.” Massachusetts Attorney General Andrea Joy Campbell said the court’s decision protects the large investments made by the state to support wind energy projects.

A White House spokesperson responded, repeating the allegations that the Bid administration had favored renewable energy. The statement said offshore wind projects were given “unfair, preferential treatment,” and that the Biden administration had hindered the energy industry with “burdensome regulations.”

The Natural Resources Defense Council said the executive order had caused at least seven major offshore wind projects to be paused. Major developers such as Shell and BP cited the uncertainties and said they were withdrawing their plans in the U.S.

Experts, however, noted that while it is a victory for the advocates, it would do little to change the broader effort by the administration to stop offshore wind development. The courts, it was noted, cannot compel the administration to approve projects or resume the lease sales.

The administration attempted to stop offshore construction of the Empire Wind project in New York and the partially completed Revolution Wind in Massachusetts. It agreed to let the New York project proceed while a court placed an injunction against the efforts to stop the Massachusetts project. The Department of Justice has also been involved in cases against permitted wind farms in Massachusetts and Maryland, telling the courts the permits were being reviewed by the administration and likely to be revised or revoked.