US justice system revives offshore wind power, despite Trump's opposition

A federal judge in Washington has given the green light to restart the construction project of the Norwegian group Equinor, named Empire Wind, which is to set up the first field to directly supply the city of New York with wind energy.

When fully operational by the end of 2027, it should be able to supply 500.000 homes with electricity. Equinor has already invested more than four billion dollars in this project, which began nearly ten years ago and is 60% complete, according to the company.

Judge Carl Nichols' decision was made in summary proceedings, meaning that the procedure continues and the case will be examined on its merits at a later date.

However, this is another setback for the Trump administration, which suspended, at the end of December, the five major offshore wind farm projects underway in the United States.

Another federal judge in Washington had already given his approval on Monday to the continuation of another project, led by Orsted and named Revolution Wind, which is expected to power more than 350.000 homes in Rhode Island and Connecticut.

The government decision was justified by "risks to national security," with the Interior Ministry referring to confidential reports, without further details.

A 2019 report from the U.S. Department of Energy indicates that turbines can create interference for radars, including those used for military purposes.

Equinor had argued that the suspension order was "a whim", "arbitrary" and "illegal", warning that an unfavorable court decision could jeopardize the project's funding.

"Irreparable damage"

Judge Nichols granted the Norwegian company's request "due to a lack of prior notification" by the US authorities as well as the risk of "irreparable harm" that a prolonged suspension would present to the project, noted the marine energy sector support organization Oceantic Network.

The association also noted that the US government had not provided answers to most of the questions raised by Equinor.

The latter had recalled, before the court, having proposed, as early as 2020, nearly 300 measures to limit or monitor the effects of the wind farm on the surrounding wildlife and its habitat, as well as its potential impact on navigation and radar systems, particularly those of the American army.

When contacted by AFP, the US Department of the Interior did not immediately respond.

Even before his return to the White House, Donald Trump had publicly displayed his hostility towards wind power, which he described as an "economic and environmental disaster".

Several studies have nevertheless shown that wind power in the United States cost, on average, less than several other sources, including coal, excluding government subsidies.

The American head of state also criticized the ugliness of wind turbines and the alleged damage they cause to whales, according to him.

The US National Oceanic and Atmospheric Administration (NOAA) has, however, indicated that no link has been established between offshore wind farms and the deaths of cetaceans.

"Empire will now focus on resuming construction operations," Equinor commented in a statement, and its officials "will continue to engage with the U.S. government to ensure safe and responsible implementation."

Among the three other wind farms targeted by the suspension is another Orsted project, called Sunrise Wind, off the coast of Long Island, planned to power 600.000 homes by 2027.

The Danish company has also taken the matter to the federal court in Washington, but no decision has yet been made in this case, nor in the one supported by another operator, this one American, Dominion Energy, concerning the Coastal Virginia Offshore Wind field, off Virginia Beach (Virginia).

The fifth and final construction site, Vineyard Wind, not far from the islands of Martha's Vineyard and Nantucket, was the subject of a summons filed Thursday in a federal court in Massachusetts.

This project is 95% complete and is already able to supply electricity.