June 3 (Reuters) - Fishing companies and offshore wind
opponents filed a lawsuit on Tuesday challenging the Trump
administration's decision to reverse course and allow
construction to resume on Empire Wind, a $5 billion wind farm
project off New York's coast.
Protect Our Coast New Jersey, Clean Ocean Action, ACK for
Whales and 12 fishing industry participants in a lawsuit filed
in federal court in Trenton, New Jersey, sought to reinstate a
stop work order Interior Secretary Doug Burgum issued in April
halting construction of Equinor's ( EQNR ) wind project.
Burgum issued that order after Republican President Donald
Trump on his first day back in office on January 20 directed his
administration to halt offshore wind lease sales and stop the
issuance of permits, leases and loans for both onshore and
offshore wind projects.
He did so while also moving to ramp up the federal
government's support for the fossil fuel industry and maximize
output in the United States. Trump as a candidate last year
promised to end the offshore wind industry.
But weeks after Burgum signed the stop-work order, the
administration in a turnabout on May 19 allowed work to resume
on Empire Wind, which is being developed by Norway's Equinor ( EQNR ) and
is expected to provide power for half a million homes from 2027
onward.
The administration did so in a compromise with New York that
could also see canceled plans for a gas pipeline revived. Burgum
said he was encouraged that New York Governor Kathy Hochul will
now allow new gas pipeline capacity to move forward.
Tuesday's lawsuit argued that the U.S. Bureau of Ocean
Energy Management did not adhere to the requirements of the
Administrative Procedure Act by failing to provide a basis for
restoring the work permits.
Bruce Afran, the plaintiffs' lawyer, said the administration
had properly recognized the lack of investigation about serious
environmental harm from Equinor's ( EQNR ) project.
"The administration correctly pulled the Empire Wind work
permit because of these concerns and had no basis to reinstate
the work orders a month later," he said in a statement. "This
lawsuit seeks to restore the stop work order."
Equinor ( EQNR ) declined to comment on the lawsuit itself but in a
statement said the project "has undergone years of rigorous
permitting and studies, and secured all necessary federal, state
and local approvals to begin construction in 2024."
The agency did not respond to a request for comment.