US Wind files a crossclaim against the Trump administration over its intent to withdraw permits for a Delaware-Maryland offshore wind project.
The Trump administration’s announcement to revoke the permits follows a federal executive order signed in January that directs the temporary halt of all offshore wind energy leasing within the Offshore Continental Shelf.
“The order also directed the Department of Interior, Department of Energy, and the EPA to assess those projects that have already been permitted. And so that's why, of course it took several months for the administration and those federal agencies to review those projects, and that's why I think now we're seeing more action on this," explains Kathryn Leinhard, Energy Research Associate for Delaware Sea Grant's Marine Advisory Service.
US Wind’s offshore wind project off the Maryland coast was one of those projects to have been permitted prior to the executive order, under the Biden administration, but with the Trump administration signaling it intends to revoke the permits, US Wind is cross-suing.
The crossclaim filed in early September argues the federal government’s intent to "vacate and undermine the federal approvals” are tied to “a wider plan to hinder or kill outright offshore wind projects for political purposes.”
US Wind argues vacating the permits would violate the Administrative Procedure Act, US Wind’s due process rights and multiple federal environmental and development statutes, subsequently requesting a declaratory judgement and other relief to establish the permits are valid and enforceable.
While not an attorney, Leinhard believes proving the US Wind project newly violates statutes that have not changed will be a tall order for the federal administration.
"Any offshore wind developer has to submit these permit applications to verify that everything they're planning to do is consistent with the protection set forth in a slew of different environmental regulations," Leinhard explained. "It just depends on whether the folks who are now within the administration decide if those permits are still consistent. And those regulations are pretty set in stone, so I'm not sure in what sense they would be able to say that it is no longer consistent with these regulations when it previously was."
US Wind’s offshore wind project is facing multiple legal challenges, and some Democratic lawmakers are concerned if the project is hindered, the state’s renewable energy goals will be at risk.
While Delaware has already pledged to look into small modular nuclear reactors and has been implementing some solar projects, there has been particular divisiveness over the environmental impacts and effectiveness of offshore wind.
"Citing any new electricity generation project is going to be difficult, whether it's on land or offshore. It's always a matter of balancing trade-offs. And I think that citing is something that can be missing from the discussion. It does take a long time to build any new electricity generation projects, so I think that's something that folks should really consider," Leinhard said.
US Wind's Delaware-Maryland offshore wind project isn't the only wind farm facing legal challenges.
Offshore wind developers and the attorneys general of Rhode Island and Connecticut are suing the federal government in an effort to reverse a stop-work order on a nearly complete wind farm off the coast of Rhode Island, known as the Revolution Wind project.
The lawsuit comes after the U.S. Interior Department ordered the developers on Aug. 22 to halt construction on Revolution Wind, which is 80% complete and would provide enough power for more than 350,000 homes across both Rhode Island and Connecticut.
The Trump administration signaled its plan to pull US Wind's permits by Sept. 12.
