A Boston District Court judge has ruled in favour of 17 states and the District of Columbia, including Massachusetts and New York, finding section two of the 20 January “Wind Order” unlawful and directing federal agencies to end the indefinite pause on wind energy permitting. Section one of the order, which suspends wind energy leasing, remains in force.
Judge Patti B. Saris described the permitting pause as “arbitrary and capricious”, noting that the agencies did not explain why a complete suspension was required or acknowledge the reliance of states and developers that have committed substantial investment. The Court found no clear connection between the brief justification offered in the Wind Memo and the wide scope of the moratorium.
The ruling also determined that the pause was “contrary to law”, concluding that an indefinite halt on decision-making breaches the Administrative Procedure Act, which requires agencies to address matters within a reasonable timeframe. The judgement emphasised that “not acting at all is not a lawful option”.
