AG Jennings secures final victory over Trump Administration’s ban on offshore wind permitting

Attorney General Kathy Jennings and a coalition of 18 attorneys general yesterday celebrated the dismissal of the Trump Administration's appeal of their victory in a lawsuit challenging the federal government's order to freeze all federal permitting for wind energy projects.

"This result is a victory on multiple fronts: it's a win for the fight against climate change, it's a win for lower energy bills for Delawareans, and it's a win for the rule of law," said Attorney General Kathy Jennings. "With the Trump Administration's clumsy attempt at interference finally done and dusted, I look forward to seeing more clean energy added to our grid."

On January 20, President Trump issued a Presidential Memorandum that, among other things, indefinitely froze all federal approvals needed for the development of wind energy projects pending federal review. Pursuant to this directive, federal agencies stopped all permitting and approval activities. In May, the coalition filed a lawsuit challenging those actions and in December, a federal judge in the United States District Court for the District of Massachusetts vacated those actions, ruling that they were arbitrary and capricious and contrary to law. The federal government appealed that ruling but subsequently decided to drop that appeal. On June 15, the United States Court of Appeals for the First Circuit entered a judgement dismissing the appeal, cementing the states' victory.

In their lawsuit, the attorneys general alleged that the federal agencies' actions harmed their states' efforts to secure reliable, diversified, and affordable sources of energy to meet their increasing demand for electricity and help reduce emissions of harmful air pollutants, meet clean energy goals, and address climate change. The agencies' actions also threatened to thwart billions of dollars of states' investments in wind industry infrastructure, supply chains, and workforce development.

The coalition argued, and the court agreed, that federal agencies' actions violated the Administrative Procedure Act because, among other things, the agencies provided no reasoned explanation for categorically and indefinitely halting all wind energy approvals.
Joining AG Jennings in filing this lawsuit, which was led by Massachusetts Attorney General Andrea Joy Campbell and New York Attorney General Letitia James, were the attorneys general of Arizona, California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, and Washington.

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