Michigan Attorney General Dana Nessel and a coalition of 18 attorneys general are celebrating the United States Court of Appeals for the First Circuit’s dismissal of the Trump administration’s appeal of the states’ victory in their lawsuit challenging the federal government’s unlawful order to freeze all federal permitting for wind energy projects. 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. This week, the Court has entered a judgment dismissing the appeal and cementing the states’ victory.
“The Trump administration’s attempt to halt federal approvals for wind energy projects would have derailed billions of dollars in infrastructure and workplace investments,” said Nessel. “I am relieved that they have abandoned this disruption to the energy sector here in Michigan and across the country. My office remains committed to fighting back against unlawful actions by the federal government that would raise our electricity bills and harm our environment.”
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 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 Nessel in filing this lawsuit were the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
“The Trump administration’s attempt to halt federal approvals for wind energy projects would have derailed billions of dollars in infrastructure and workplace investments,” said Nessel. “I am relieved that they have abandoned this disruption to the energy sector here in Michigan and across the country. My office remains committed to fighting back against unlawful actions by the federal government that would raise our electricity bills and harm our environment.”
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 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 Nessel in filing this lawsuit were the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
––––––––––––––––––––
Subscribe to the Legal News!
https://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
