Wind farm can restart construction off Martha’s Vineyard, judge rules

by Linda

Construction on the 65-turbine Revolution Wind project off the coast of Martha’s Vineyard can resume after a federal district court judge granted the developers reprieve from a stop work order issued by the Trump administration.

In a ruling on Monday, D.C. district court Judge Royce Lamberth granted Revolution Wind a preliminary injunction, halting the enforcement of an Aug. 22 order from the Bureau of Ocean Energy Management, or BOEM.

“Revolution Wind has demonstrated likelihood of success on the merits of its underlying claims, it is likely to suffer irreparable harm in the absence of an injunction, the balance of the equities is in its favor, and maintaining the status quo by granting the injunction is in the public interest,” the judge wrote in his two-page opinion.

When the Trump Administration’s stop work order was issued, Revolution Wind was about 80 percent completed and had already received all of its approvals.

The wind farm is about 12 miles southeast of Aquinnah. The $5 billion project would supply energy to Rhode Island and Connecticut, and is a partnership between Orsted and Skyborn Renewables.

In the order, BOEM Acting Director Matthew Giacona wrote that the work stoppage was enacted to allow the bureau time to address concerns that arose during a review by the department stemming from an executive order signed by President Donald Trump on his first day in office.

“In particular, BOEM is seeking to address concerns related to the protection of national security interests of the United States and prevention of interference with reasonable uses of the exclusive economic zone, the high sea, and the territorial seas,” Giacona wrote.

Revolution Wind filed a lawsuit against the federal government, arguing that the security claims were baseless and ignored thousands of pages of data from a decade of review.

In a statement Monday, the U.S. Department of Interior, which oversees BOEM, acknowledged that construction can go forward but reiterated plans to look into the national security claims.

“As a result of the Court’s decision today, Revolution Wind will be able to resume construction as BOEM continues its investigation into possible impacts by the project to national security and prevention of other uses on the Outer Continental Shelf,” the department said in a statement. “The Department of the Interior remains committed to ensuring that prior decisions are legally and factually sound.”

While the underlying lawsuit against the stop work order will continue, Revolution Wind will resume construction as soon as possible, the company said in a statement.

“Revolution Wind will continue to seek to work collaboratively with the US Administration and other stakeholders toward a prompt resolution,” the company said.

The Vineyard Gazette on Martha’s Vineyard is a news partner of MassLive.com. To subscribe to the Vineyard Gazette, click here.

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