A US judge ruled
Equinor’s Empire Wind project would likely suffer “imminent irreparable harm” from further delays while its legal fight over the government’s stop-work order plays out in court, US District Judge
Equinor said in a statement that it will focus on safely restarting construction on Empire Wind, while continuing to engage with the US government to ensure the project’s safe and responsible execution.
Nichols’ ruling offers a boost to developers facing a flurry of US moves to stop offshore wind projects that President
On Dec. 22, the US Interior Department ordered a 90-day suspension of five East Coast wind farm projects, including Equinor’s, citing undisclosed national security concerns. The move, which triggered several
A White House spokeswoman said the federal government will keep fighting offshore wind projects.
“The Trump administration has paused the construction of all large-scale offshore wind projects because our number one priority is to put America First and protect the national security of the American people,” said Taylor Rogers, a spokeswoman for the White House. “The administration looks forward to ultimate victory on the issue.”
In court filings, Equinor said any delay beyond Jan. 16 would threaten the economic viability of Empire Wind by disrupting a tight construction schedule and increasing the risk of loan defaults. A total loss of the project could reach about $5.3 billion, the company said.
Among the factors weighing on the schedule are contracts Equinor has with two specialized vessels it needs to install the offshore substation. Further delays would render the vessels unavailable for years because they have subsequent commitments, the company said.
“If Empire had been stopped, $2 billion in tax credits and about $5 billion in nominal cash flow would have gone done the drain,” said Sparebank 1 Markets analyst
Equinor’s
Nichols, who was appointed by Trump in 2019, asked both sides to propose expedited briefing schedule by Jan. 20 so he can decide on the merits of the case.
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The government’s stop-work order marked the second time that offshore wind projects, including Equinor’s, were put on hold by authorities. A prior suspension of Empire Wind in the first half of last year was lifted after a flurry of negotiations involving Norwegian Prime Minister
All five of the offshore wind projects halted by Trump were approved under former President
Based on the long-term price of electricity that a power plant needs to charge to break even, an offshore wind farm is cheaper to build than a nuclear power plant, according to BNEF data. Even with the subsidies, however, a new offshore wind facility is more expensive than a new natural gas plant in the US.
The case is Empire Leaseholder LLC v. Burgum, 26-cv-4, US District Court, District of Columbia (Washington).
(Updates with White House statement starting in the seventh paragraph, analyst comment in the 11th.)
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Steve Stroth, Catherine Traywick
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