The amicus brief argues the court should grant the states’ and industry’s request and lift the halt on approval of wind permits immediately. Wind power benefits public health, communities, economic development, and the climate, it says.
The administration’s ban cuts “off all permitting for wind projects of all types pending completion of a vague review that has no clear purpose, timeline, or avenue for public participation,” the groups say in the filing.
“By obstructing responsible wind energy development, the Wind Directive and its implementation undermine efforts to meet state climate and energy targets, while increasing reliance on fossil fuels, an outcome that carries well-documented risks to wildlife, public health, and the environment.”
Last week, attorneys general from 17 states and Washington, D.C., filed a lawsuit in the U.S. District Court for Massachusetts challenging President Trump’s presidential memorandum and its implementation, which has put a halt to federal approvals for wind projects. The Alliance for Clean Energy New York (ACE NY), a trade association that promotes clean, renewable electricity, asked to intervene in that suit last week.
On Monday, the states and ACE NY asked the court to act immediately and tell the administration to consider and process wind permits while the case plays out.
Today, the environmental groups—NRDC (Natural Resources Defense Council), Citizens Campaign for the Environment, Conservation Law Foundation, Environmental Advocates NY (represented by Earthjustice), Environmental Defense Fund, Environmental Protection Information Center, National Wildlife Federation, New York League of Conservation Voters, Sierra Club, and the Southern Environmental Law Center—filed a friend of the court brief supporting the states and ACE NY’s requests for a preliminary injunction so that permitting for wind projects would restart.
“The administration’s ban on all wind permits is unexplained, inconsistent, and incoherent. It hamstrings a critical industry when we need it most,” said Julia Forgie, senior attorney at NRDC. “States, industry groups, and environmental groups are united in telling the court that the wind ban is clearly unlawful and should be lifted immediately.”
The environmental groups’ new filing notes that it “strains credulity” for the federal government to claim that it is concerned about the environmental impact of wind power. “The Agencies simultaneously are seeking to gut the federal wildlife protections that permitting processes are intended to safeguard, and to fast-track non-wind projects that kill and harm species,” the brief says.
“The Trump administration’s illegal ban on wind energy is an attack on America’s clean energy future. This ban stifles domestic energy production, kills well-paying jobs, and forces Americans to pay higher energy prices,” said Josh Berman, senior attorney at the Sierra Club. “At a time when Americans are already facing economic instability–manufactured by Trump’s chaotic and erratic administration—we need clean, affordable renewable wind energy more than ever. We urge the court to act swiftly and strike down this unlawful ban.”
Wind provides more than 10% of U.S. power, employing 131,000 in all 50 states. The top four wind-producing states are Texas, Iowa, Oklahoma, and Kansas. Offshore wind power is poised to take off on the East Coast, with three projects already in operation and others under construction.
