You’re out of free articles.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
A reminder that “consensus” doesn’t always equal agreement.

In the moments after Sultan Al Jaber, the president of this year’s COP, struck his gavel to finalize the text of the first-ever global stocktake, Anne Rasmussen, the lead negotiator for the Alliance of Small Island States, took the floor.
“We are a little confused about what just happened,” Rasmussen said. “It seems that you gaveled the decisions, and the small island developing states were not in the room.”
Rasmussen and her colleagues, it turned out, had left the room to discuss the changes they wanted to see in the text, with the idea that they could come back and present those changes to Al Jaber. But, as Tom Evans of E3G explained to me recently, COP works on the idea of consensus, which is reached when all the members who are in the room when a vote is called find common agreement.
Sometimes, consensus is used in odd political ways — the U.S. delegation for example, left the room during discussions around a loss and damage fund, which allowed the vote to go forward despite the U.S.’s hesitations. This may be what everyone thought the members of AOSIS were doing; when they re-entered the room, they received a standing ovation, which contributed to Rasmussen’s confusion.
But the moment had passed; there was nothing Rasmussen or her colleagues could do to get the text of the stocktake amended. So she used her time on the floor to stake her moral authority. I’m quoting liberally, because I think her words are worth taking in:
“AOSIS at the beginning of this COP had one objective, to ensure that 1.5 [degrees Celsius] is safeguarded in a meaningful way. Our leaders and ministers have been clear. We cannot afford to return to our islands with the message that this process has failed us,” she said. “We have come to the conclusion that the course correction that is needed has not yet been secured.”
Rasmussen continued, pointing out paragraphs and sub-paragraphs where the text failed to live up to its promise. It was, in short, a rebuke of what was supposed to be the most important statement to come out of this conference, the failed realization of a promise that was made when the Paris Agreement was written in 2015.
In many ways, that promise is personal for Rasmussen and her colleagues. AOSIS is the reason the 1.5 degree C target is in the Paris Agreement in the first place — as Justin Worland wrote in TIME in 2015, President Obama said the voices of the island nations were vital in those talks — and the passage of the stocktake without the presence of those nations is a cynical reversal of how things happened at that historic conference.
Rasmussen received a standing ovation when she finished.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
A third judge rejected a stop work order, allowing the Coastal Virginia offshore wind project to proceed.
Offshore wind developers are now three for three in legal battles against Trump’s stop work orders now that Dominion Energy has defeated the administration in federal court.
District Judge Jamar Walker issued a preliminary injunction Friday blocking the stop work order on Dominion’s Coastal Virginia offshore wind project after the energy company argued it was issued arbitrarily and without proper basis. Dominion received amicus briefs supporting its case from unlikely allies, including from representatives of PJM Interconnection and David Belote, a former top Pentagon official who oversaw a military clearinghouse for offshore wind approval. This comes after Trump’s Department of Justice lost similar cases challenging the stop work orders against Orsted’s Revolution Wind off the coast of New England and Equinor’s Empire Wind off New York’s shoreline.
As for what comes next in the offshore wind legal saga, I see three potential flashpoints:
It’s important to remember the stakes of these cases. Orsted and Equinor have both said that even a week or two more of delays on one of these projects could jeopardize their projects and lead to cancellation due to narrow timelines for specialized ships, and Dominion stated in the challenge to its stop work order that halting construction may cost the company billions.
The decision marks the Trump administration’s second offshore wind defeat this week.
A federal court has lifted Trump’s stop work order on the Empire Wind offshore wind project, the second defeat in court this week for the president as he struggles to stall turbines off the East Coast.
In a brief order read in court Thursday morning, District Judge Carl Nichols — a Trump appointee — sided with Equinor, the Norwegian energy developer building Empire Wind off the coast of New York, granting its request to lift a stop work order issued by the Interior Department just before Christmas.
Interior had cited classified national security concerns to justify a work stoppage. Now, for the second time this week, a court has ruled the risks alleged by the Trump administration are insufficient to halt an already-permitted project midway through construction.
Anti-offshore wind activists are imploring the Trump administration to appeal this week’s injunctions on the stop work orders. “We are urging Secretary Burgum and the Department of Interior to immediately appeal this week’s adverse federal district court rulings and seek an order halting all work pending appellate review,” Robin Shaffer, president of Protect Our Coast New Jersey, said in a statement texted to me after the ruling came down.
Any additional delays may be fatal for some of the offshore wind projects affected by Trump’s stop work orders, irrespective of the rulings in an appeal. Both Equinor and Orsted, developer of the Revolution Wind project, argued for their preliminary injunctions because even days of delay would potentially jeopardize access to vessels necessary for construction. Equinor even told the court that if the stop work order wasn’t lifted by Friday — that is, January 16 — it would cancel Empire Wind. Though Equinor won today, it is nowhere near out of the woods.
More court action is coming: Dominion will present arguments on Friday in federal court against the stop work order halting construction of its Coastal Virginia offshore wind project.
A federal court has once again allowed Orsted to resume construction on its offshore wind project.
A federal court struck down the Trump administration’s three-month stop work order on Orsted’s Revolution offshore wind farm, once again allowing construction to resume (for the second time).
Explaining his ruling from the bench Monday, U.S. District Judge Royce Lamberth said that project developer Orsted — and the states of Rhode Island and Connecticut, which filed their own suit in support of the company — were “likely” to win on the merits of their lawsuit that the stop work order violated the Administrative Procedures Act. Lamberth said that the Trump administration’s stop work order, issued just before Christmas, amounted to a change in administration position without adequate justification. The justice said he was not sure the emergency being described by the government exists, and that the “stated national security reason may have been pretextual.”
This case was life or death for Revolution Wind. If the stop work order had not been enjoined, Orsted told the court it may not have been able to secure proper vessels for at-sea construction for long enough to complete the project on schedule. This would have a domino effect, threatening Orsted’s ability to meet deadlines in signed power agreements with Rhode Island and Connecticut and therefore threatening wholesale cancellation of the project.
Undergirding this ruling was a quandary Orsted pointed out to the justice: The government issued the stop work order claiming it was intended to mitigate national security concerns but refused to share specifics of the basis for the stop work order with the developer. At the Monday hearing on the injunction in Washington, D.C., Revolution Wind’s legal team pointed to a key quote in a filing submitted by the Justice Department from Interior Deputy Assistant Secretary Jacob Tyner, saying that the Bureau of Ocean Energy Management, the federal offshore energy regulator, was “not aware” of whether the national security risks could ever be mitigated, “and, if they can, whether the developers would find the proposed mitigation measures acceptable.”
This was the first positive outcome in what are multiple legal battles against the Christmas stop work orders against offshore wind projects. As I reported last week, two other developers filed individual suits alongside Orsted against their respective pauses: Dominion Energy in support of the Coastal Virginia offshore project, and Equinor over Empire Wind.
I expect what happened in the Revolution Wind case to be the beginning of a trend, as a cursory examination of the filings in those cases indicate similar contradictions to those that led to Revolution winning out. We’ll find out soon: The hearing on Empire’s stop work order is scheduled for Wednesday and Coastal Virginia on Friday.