The Fight

Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Spotlight

Can the Courts Rescue Renewables?

The offshore wind industry is using the law to fight back against the Trump administration.

Donald Trump, a judge, and renewable energy.
Heatmap Illustration/Getty Images

It’s time for a big renewable energy legal update because Trump’s war on renewable energy projects will soon be decided in the courts.

A flurry of lawsuits were filed around the holidays after the Interior Department issued stop work orders against every offshore wind project under construction, citing a classified military analysis. By my count, at least three developers filed individual suits against these actions: Dominion Energy over the Coastal Virginia offshore wind project, Equinor over Empire Wind in New York, and Orsted over Revolution Wind (for the second time).

Each of these cases are moving on separate tracks before different district courts and the urgency is plain. I expect rulings in a matter of days, as developers have said in legal filings that further delays could jeopardize the completion of these projects due to vessel availability and narrow timelines for meeting power contracts with their respective state customers. In the most dire case, Equinor stated in its initial filing against the government that if the stop work order is implemented as written, it would “likely” result in the project being canceled. Revolution Wind faces similar risks, as I’ve previously detailed for Heatmap.

Meanwhile, around the same time these cases were filed, a separate lawsuit was dropped on the Interior Department from a group of regional renewable energy power associations, including Interwest Energy Alliance, which represents solar developers operating in the American Southwest – ground zero for Trump’s freeze on solar permits.

This lawsuit challenges Interior Secretary Doug Burgum’s secretarial orders requiring his approval for renewable energy decisions, the Army Corps of Engineers’ quiet pause on wetlands approvals, and the Fish and Wildlife Services’ ban on permitting eagle takes, as well as its refusal to let developers know if they require species consultations under the Endangered Species Act. The case argues that the administration is implementing federal land law “contrary to Congress’ intent” by “unlawfully picking winners and losers among energy sources,” and that these moves violate the Administrative Procedures Act.

I expect crucial action in this case imminently, too. On Thursday, these associations filed a motion declaring their intent to seek a preliminary injunction against the administration while the case is adjudicated because, as the filing states, the actions against the renewables sector are “currently costing the wind and solar industry billions of dollars.”

Now, a victory here wouldn’t be complete, since a favorable ruling would likely be appealed and the Trump administration has been reluctant to act on rulings they disagree with. Nevertheless, it would still be a big win for renewables companies frozen by federal bureaucracy and ammo in any future legal or regulatory action around permit activity.

So far, Trump’s war on solar and wind has not really been tested by the courts, sans one positive ruling against his anti-wind Day One executive order. It’s easy in a vacuum to see these challenges and think, Wow, the industry is really fighting back! Maybe they can prevail? However I want to remind my readers that simply having the power of the federal government grants one the capacity to delay commercial construction activity under federal purview, no matter the legality. These matters can become whack-a-mole quite quickly.

Dominion Energy’s Coastal Virginia offshore wind project is one such example. Intrepid readers of The Fight may remember I was first to report the Trump administration might try to mess around with the permits previously issued for construction through litigation brought by anti-renewables activists, arguing the government did not adequately analyse potential impacts to endangered whales. Well, it appears we’re getting closer to an answer: In a Dec. 18 filing submitted in that lawsuit, Justice Department attorneys said they have been “advised” that the Interior Department is now considering whether to revoke permits for the project.

Dominion did not respond to a request for comment about this filing, but it is worth noting that the DOJ’s filing concedes Dominion is aware of this threat and “does not concede the propriety” of any review or revocation of the permits.

I don’t believe this alone would kill Coastal Virginia given the project is so far along in construction. But I expect a death by a thousand cuts strategy from the Trump team against renewable energy projects writ large, regardless of who wins these cases.

Yellow

This article is exclusively
for Heatmap Plus subscribers.

Go deeper inside the politics, projects, and personalities
shaping the energy transition.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Q&A

How Trump’s Renewable Freeze Is Hitting Climate Tech

A chat with CleanCapital founder Jon Powers.

Jon Powers.
Heatmap Illustration

This week’s conversation is with Jon Powers, founder of the investment firm CleanCapital. I reached out to Powers because I wanted to get a better understanding of how renewable energy investments were shifting one year into the Trump administration. What followed was a candid, detailed look inside the thinking of how the big money in cleantech actually views Trump’s war on renewable energy permitting.

The following conversation was lightly edited for clarity.

Keep reading...Show less
Yellow
Hotspots

Indiana Rejects One Data Center, Welcomes Another

Plus more on the week’s biggest renewables fights.

The United States.
Heatmap Illustration/Getty Images

Shelby County, Indiana – A large data center was rejected late Wednesday southeast of Indianapolis, as the takedown of a major Google campus last year continues to reverberate in the area.

  • Real estate firm Prologis was the loser at the end of a five-hour hearing last night before the planning commission in Shelbyville, a city whose municipal council earlier this week approved a nearly 500-acre land annexation for new data center construction. After hearing from countless Shelbyville residents, the planning commission gave the Prologis data center proposal an “unfavorable” recommendation, meaning it wants the city to ultimately reject the project. (Simpsons fans: maybe they could build the data center in Springfield instead.)
  • This is at least the third data center to be rejected by local officials in four months in Indiana. It comes after Indianapolis’ headline-grabbing decision to turn down a massive Google complex and commissioners in St. Joseph County – in the town of New Carlisle, outside of South Bend – also voted down a data center project.
  • Not all data centers are failing in Indiana, though. In the northwest border community of Hobart, just outside of Chicago, the mayor and city council unanimously approved an $11 billion Amazon data center complex in spite of a similar uproar against development. Hobart Mayor Josh Huddlestun defended the decision in a Facebook post, declaring the deal with Amazon “the largest publicly known upfront cash payment ever for a private development on private land” in the United States.
  • “This comes at a critical time,” Huddlestun wrote, pointing to future lost tax revenue due to a state law cutting property taxes. “Those cuts will significantly reduce revenue for cities across Indiana. We prepared early because we did not want to lay off employees or cut the services you depend on.”

Dane County, Wisconsin – Heading northwest, the QTS data center in DeForest we’ve been tracking is broiling into a major conflict, after activists uncovered controversial emails between the village’s president and the company.

Keep reading...Show less
Yellow
Spotlight

The 5 Fights to Watch in 2026

Spoiler: A lot of them are about data centers.

Data centers and clean energy.
Heatmap Illustration/Getty Images

It’s now clear that 2026 will be big for American energy, but it’s going to be incredibly tense.

Over the past 365 days, we at The Fight have closely monitored numerous conflicts over siting and permitting for renewable energy and battery storage projects. As we’ve done so, the data center boom has come into full view, igniting a tinderbox of resentment over land use, local governance and, well, lots more. The future of the U.S. economy and the energy grid may well ride on the outcomes of the very same city council and board of commissioners meetings I’ve been reporting on every day. It’s a scary yet exciting prospect.

Keep reading...Show less
Yellow