A federal district court judge in Washington, DC, ruled on Nov. 4 that the Trump administration can reevaluate a permit for the SouthCoast Wind offshore wind project that is planned for Massachusetts waters, sending the issue to the U.S. Department of the Interior, which has indicated it will reconsider the permit issued at the end of the Biden administration.
Trump administration officials have argued that the permit was issued in error, writing in a court filing that they had “determined that the [construction and operations plan] The approval may not have fully complied with the law governing the use of federal waters on the Outer Continental Shelf,” asking the court for permission to review the permit. Some local residents also oppose the project, saying it will actually harm the Massachusetts coast and marine life.
SouthCoast Wind, developed in two phases by a joint venture of EDP Renewables and Engie, will be a 141-turbine project to deliver 2.4 GW of power upon completion in Massachusetts and Rhode Island.
“A stay is appropriate for the reasons stated above, and courts regularly stay proceedings to allow an agency to pursue action on the regulations at issue,” Judge Tanya Chutkan wrote in her five-page ruling.
Developers SouthCoast Wind opposed the motion, arguing the project had undergone an extensive four-year permitting process, but Chutkan ruled there was room for further review despite their objections, and that upholding the permit pending reconsideration would not cause them “immediate and significant” harm.
SouthCoast Wind CEO Michael Brown said the company has already invested $600 million in developing the project and the delay could threaten its viability.
“We are currently assessing the implications of the decision and will consider all appropriate next steps, including seeking legal remedies, to ensure the integrity of the project and its long-term contribution to regional and national energy goals,” he said in a statement.
