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States filed yet another motion on Monday asking the court to release urgently needed disaster relief.
In case you missed it: The Federal Emergency Management Agency has continued to withhold millions of dollars from states for disaster recovery, relief, and preparedness despite a district court’s order from March 6 calling on the administration to release the funds.
Among the more than 200 FEMA grants to states that remain frozen are a case management program for survivors of the 2023 Maui wildfires, emergency readiness projects in Oregon, and flood hazard mitigation in Colorado, according to a motion filed on Monday in the lawsuit State of New York v. Trump.
The motion was filed the day after Homeland Security Secretary Kristi Noem said her department would move to “eliminate” FEMA during a cabinet meeting.
Twenty-two states plus the District of Columbia filed the suit in the U.S. District Court for the District of Rhode Island in late January, after President Trump’s Office of Management and Budget issued a directive to federal agency heads to conduct a review of funding related to “foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal,” and to pause disbursement of any related funds in the meantime. The states argued that the memo and the executive orders it cites were unconstitutional.
The states sought an injunction on the pause, which Chief Judge John McConnell Jr., a Biden appointee, granted in early March. “The Executive’s categorical freeze of appropriated and obligated funds fundamentally undermines the distinct constitutional roles of each branch of our government,” he wrote in the ruling. “Here, the Executive put itself above Congress. It imposed a categorical mandate on the spending of congressionally appropriated and obligated funds without regard to Congress’s authority to control spending.”
The Trump administration filed notice with the U.S. First Circuit Court of Appeals in Boston that it is appealing the injunction a few days after it was issued.
Prior to the injunction order, the states had identified the disruptions from the pause on FEMA funds as being “particularly acute and widespread.” So as part of the injunction, the Judge directed FEMA to file a status report by March 14 detailing its compliance. But rather than detailing the release of grants previously held hostage, the status report federal lawyers filed on March 14 argued that the agency had “inherent authority” to conduct a “manual review” of the grants, and therefore it is not violating the court’s injunction by continuing to review — and therefore withhold — previously obligated funds.
“This manual review process is not a ‘pause’ or ‘freeze’ on funding,” the status report says, “nor does it mean that the grant is being frozen, held, or not being distributed.”
On Monday, states filed a motion calling BS on this argument and requesting that the court use its authority to enforce the injunction. This was urgent, they argued, because as the end of the first quarter nears, the lack of access to funding is going to start disrupting crucial programs.
If Hawaii doesn’t start receiving reimbursements for its federally-funded case management program by March 31, for example, it will be forced to immediately discontinue its work helping more than 4,000 wildfire survivors create tailored disaster recovery plans and navigate recovery resources. The state used to have to wait approximately a week for FEMA to review reimbursement requests and transfer the funds. Now it’s been waiting nearly 30 days. “This abrupt change in practice is near fatal because a key requirement of FEMA regarding these grant funds is that Hawaiʻi is precluded from maintaining more than three business days’ worth of cash on hand,” the states’ filing says.
FEMA is still issuing funds for some activities. The agency approved Fire Management Assistance Grants for North and South Carolina this week, where several major wildfires have been burning for weeks.
While the Trump administration fights the injunction in court, its supporters in Congress are fighting it on the floor. House Representative Andrew Clyde of Georgia introduced articles of impeachment against Judge McConnell on Tuesday, the latest in a series of such moves to impeach federal judges that have ruled against Trump’s actions. This is despite a warning from the Supreme Court’s Chief Justice, John Roberts, last week in a rare public statement, that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
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For the first time, his administration targets an offshore wind project already under construction.
The Trump administration will try to stop work on Empire Wind, an offshore wind project by Equinor south of Long Island that was going through active construction, Interior Secretary Doug Burgum posted to X on Wednesday.
Burgum announced that he directed the Bureau of Ocean Energy Management to “halt all construction activities on the Empire Wind Project until further review of information that suggests the Biden administration rushed through its approval without sufficient analysis.”
A memo to the agency, which was obtained by The Washington Free Beacon, references “revelations” of “serious deficiencies” in the approval process for Empire Wind. The reported memo does not provide any further description or evidence to back this claim. When we requested comment on the Free Beacon story, an Interior spokesperson simply pointed to Burgum’s short announcement.
Equinor provided a statement to Heatmap confirming after Burgum’s announcement that it “just received a notification from the Bureau of Ocean Energy Management (BOEM) regarding our Empire Wind 1 project, which has been in construction since 2024.”
“We will engage directly with BOEM and the Department of Interior to understand the questions raised about the permits we have received from authorities,” Equinor spokesman David Schoetz said. “We will not comment about the potential consequences until we know more.”
This is the second fully permitted offshore wind project that the Trump administration has publicly targeted and attempted to stop.
Last month, the Environmental Protection Agency pulled a Clean Air Act permit for Atlantic Shores, a wind farm under development off the coast of New Jersey, after anti-wind groups petitioned the agency to do so. The agency did not attempt to justify its decision other than to say that it gives the agency “the opportunity to reevaluate the Project and its environmental impacts in light of” Trump’s executive order requesting an assessment of the government’s leasing and permitting practices for wind projects.
A few days later, we were first to report that Representative Chris Smith — one of the loudest anti-wind voices in Congress — asked Burgum to halt work on Empire Wind, asserting that the environmental review process for the project was “completely inadequate.”
If Empire Wind is indeed halted, it would be the first offshore wind project under construction to be stopped by the Trump administration. Equinor disclosed in a project update that it started subsea rock installation last month, although the company’s statement to Heatmap indicates construction may have begun as early as last year. A halt to work on Empire Wind would cast a shadow over other offshore wind projects under construction, including Dominion Energy’s Coastal Virginia project, which we scooped could also wind up in the Trump administration’s crosshairs.
Stopping Empire Wind would also mean a huge blow to New York State’s climate and clean energy goals.
After the state’s Indian Point nuclear plant closed in 2021, the population-dense metro area in and around New York City has mostly replaced that carbon-free source of energy with natural gas. Offshore wind was supposed to be a path to moving away from reliance on the fossil fuel. The state’s target of deploying 9 gigawatts of offshore wind by 2035 was already going to be nearly impossible due to Trump’s pause on new leases and permits. Without the 800 megawatt Empire Wind project, New York will only have 1 gigawatt in the pipeline.
This news has already sparked an aggressive response from the American Clean Power Association, the largest renewables trade association, which released a statement pleading for the administration to “quickly address perceived inadequacies in the prior permit approvals” and that “halting construction of fully permitted energy projects is the literal opposite of an energy abundance agenda.”
“With skyrocketing energy demand and increasing consumer prices, we need streamlined permitting for all domestic energy resources,” American Clean Power CEO Jason Grumet stated. “Doubling back to reconsider permits after projects are under construction sends a chilling signal to all energy investment.”
“NOAA Fisheries does not anticipate any death or serious injury to whales from offshore wind related actions.”
A group of Republican lawmakers were hoping a new report released Monday would give them fresh ammunition in their fight against offshore wind development. Instead, they got … pretty much nothing. But they’re milking it anyway.
The report in question originated with a spate of whale deaths in early 2023. Though the deaths had no known connection to the nascent industry, they fueled a GOP campaign to shut down the renewable energy revolution that was taking place up and down the East Coast. New Jersey Congressman Chris Smith joined with three of his colleagues to solicit the Government Accountability Office to launch an investigation into the impacts of offshore wind on the environment, maritime safety, military operations, commercial fishing, and other concerns.
The resulting document is more of an overview than an investigation, and its findings are far from the smoking gun Republicans were looking for. Its main message is that the government and developers should do a better job engaging with Tribes and the fishing industry. As for whales, it basically shrugs. “NOAA Fisheries does not anticipate any death or serious injury to whales from offshore wind related actions and has not recorded marine mammal deaths from offshore wind activities,” it says.
But Smith seized on other findings to declare that the report “gives credibility and vindication” to concerns he has raised about offshore wind, pointing specifically to a section about defense and radar systems. The steel in offshore wind turbines has “high electromagnetic reflectivity,” which can disrupt certain radar systems, the report says. In a short paragraph about strategies to mitigate the issue, it notes that the Department of Defense can request that certain areas be excluded from development — which it has already done — or curtail operations as needed.
Smith also highlighted a portion of the report that says “large shipping vessels may have trouble avoiding turbines in the event of a mechanical failure.” Most projects on the East Coast have proposed spacing turbines at least 1 nautical mile apart, but shipping vessels may need up to 2 nautical miles in the event they need to make a sharp turn. The report doesn’t make any specific recommendations, but notes that the BOEM can prohibit construction within a certain distance of shipping lanes and require developers to create a “lighting, marking, and signaling plan” to improve safety.
Smith recently joined anti-offshore wind activists calling on the government to halt work on Empire Wind 1, an offshore wind farm off the coast of New York and New Jersey developed by Equinor that started construction this month. In a letter to Secretary of the Interior Doug Burgum, he wrote that the environmental review process under the Biden administration “was completely inadequate,” and that the Empire Wind project could thus be “catastrophic.”
The GAO report finds little fault in the previous administration’s environmental review process. It does, however, identify “gaps in Interior’s oversight of development.” For example, the BOEM has been inconsistent in the way it consults with Tribes to identify areas for wind development, as well as in how it considers or addresses the concerns Tribes raise. Part of the problem, per the report, is that Tribes have limited capacity to review documents and engage with the agency, and that government grants meant to address this gap are inaccessible because they require the Tribes to cover some of the costs. The report also finds that while the agency has taken steps to incorporate the fishing industry’s concerns into developing new lease areas, it hasn’t adequately communicated those steps to the industry. In addition, while the agency has called for a compensation mechanism to reimburse fishing companies for losses related to offshore wind, it has not yet established one.
The five recommendations the GAO makes in light of its findings are all related to boosting agency capacity for engagement and information sharing. Far from building up the office, however, the Trump administration has laid off more than 2,000 interior department employees, including eight of the roughly 80 staffers who worked on planning and permitting offshore wind.
Smith is taking the report’s findings — including a note that there are still unknowns about offshore wind’s impacts — as proof that development should be shut down. “Ocean wind energy development is an egregiously flawed and dangerous initiative and must be stopped,” he said in a press release Monday.
I wanted to update you on some very exciting news — our Decarbonize Your Life section just won the National Magazine Award for Service Journalism. It’s a huge honor for a publication that just turned two years old last month and a testament to the outstanding journalism our small but mighty newsroom does every day guiding our readers through the great energy transition.
A huge shout out, in particular, to our deputy editor Jillian Goodman for making the section so smart and helpful, to Robinson Meyer for dreaming up the idea, and to all the writers — Jeva, Katie, Emily, Charu, Taylor, and Andrew — who reported so insightfully for it. Tackling a complex but consequential subject like how to make better personal decisions around climate changewas a massive undertaking, but a labor of love.
If you missed this special section, you can check it out here.
And thank you, as always, for reading us and making our work possible.
Nico
Founder & Editor in chief