Fishing Companies and Offshore Wind Opponents Challenge Trump Administration’s Decision on Empire Wind Project

A lawsuit was filed on Tuesday by fishing companies and offshore wind opponents challenging the Trump administration’s decision to allow construction to resume on the Empire Wind project, a $5 billion wind farm off New York’s coast. The lawsuit, filed in federal court in Trenton, New Jersey, seeks to reinstate a stop work order issued by Interior Secretary Doug Burgum in April.

The lawsuit was brought forth by Protect Our Coast New Jersey, Clean Ocean Action, ACK for Whales, and 12 fishing industry participants. They argue that the U.S. Bureau of Ocean Energy Management did not adhere to the requirements of the Administrative Procedure Act when allowing work to resume on the project.

Background

On January 20, President Donald Trump directed his administration to halt offshore wind lease sales and stop the issuance of permits, leases, and loans for both onshore and offshore wind projects. This directive led to the issuance of a stop work order for the Empire Wind project in April.

However, on May 19, the administration reversed course and allowed work to resume on the project in a compromise with New York. This decision was met with opposition from environmental groups and fishing industry participants who raised concerns about the lack of investigation into potential environmental harm from the project.

Lawsuit and Response

The lawsuit argues that the administration had no basis to reinstate the work permits for the Empire Wind project and seeks to restore the stop work order. Bruce Afran, the plaintiffs’ lawyer, stated that the administration recognized the lack of investigation into environmental concerns and should not have allowed work to resume.

Equinor, the developer of the Empire Wind project, declined to comment on the lawsuit but reiterated that the project has undergone rigorous permitting and studies and has secured all necessary approvals to begin construction in 2024.

The outcome of the lawsuit will be closely watched as it could have implications for the future of offshore wind projects in the United States. The debate between environmental protection and energy development continues to be a contentious issue, with stakeholders on both sides advocating for their positions.

As the legal battle unfolds, the fate of the Empire Wind project hangs in the balance, highlighting the complexities of balancing energy needs with environmental concerns in a rapidly changing world.

(Source: Reuters – Reporting by Nate Raymond in Boston; additional reporting by Nichola Groom in Los Angeles; Editing by Sonali Paul)