Federal judge issues injunction allowing work to resume on Empire Wind project

A federal judge on Thursday granted Empire Wind a preliminary injunction to allow the project off Long Island's South Shore to restart construction following a stop-work order by the Trump administration over unspecified national security concerns.

U.S. District Judge Carl J. Nichols granted the order Thursday morning, calling for an expedited summary judgment briefing schedule for the ongoing case by Jan. 20, according to court filings. The order from the Washington, D.C.-based federal court means the project, which is more than 60% complete, can go forward and avoid critical work deadlines that could have canceled it, developer Equinor of Norway said.

"Empire Wind will now focus on safely restarting construction activities that were halted during the suspension period," the company said in a statement Thursday morning. "In addition, the project will continue to engage with the U.S. government to ensure the safe, secure and responsible execution of its operations."

White House spokesman Taylor Rogers, in an email, said, “President [Donald] Trump has been clear: wind energy is the scam of the century," with Americans "forced to pay billions more for the least reliable source of energy." He said the administration "looks forward to ultimate victory on the issue.”

Court records indicate that Department of Justice lawyers were provided with a "classified declaration" and other classified materials to make their case privately to the judge to justify the national concerns. The filings didn't discuss the nature of the material.

But Democratic lawmakers have expressed doubt about the claims. In a letter to Interior Secretary Doug Burgum last week, New York Sens. Chuck Schumer and Kirsten Gillibrand demanded access to classified Defense Department reports that were used to justify the stop-work orders. 

The senators said while they "take seriously any risks to our national security," they noted that Empire and Sunrise Wind "meticulously and rigorously completed consultations with the Department of Defense." 

Equinor has already spent $4 billion on the 810-megawatt project, which is 14 miles off the coast of Jones Beach and will bring all its energy to the New York City power grid late this year and next. The company plans to spend another $2 billion to complete the project this year.

Trump's Department of the Interior had issued a second stop-work order for the project Dec. 22, citing national security issues the company said were never fully disclosed.

Earlier this week, a Washington, D.C., district judge granted a similar injunction for a second offshore wind array impacted by the order, Revolution Wind off New England. Orders remain in place for three others, including Sunrise Wind, which is scheduled to bring its 924 megawatts of power to the Long Island grid by 2028. Sunrise has filed for an injunction to restart work.

Gov. Kathy Hochul, speaking Thursday morning at an unrelated event soon after the judge issued the ruling, called the action "good news," but said she's "sick and tired of having to go to court time and time and time again" to challenge Trump's actions.

"Thousands of workers from Long Island to New York City, and beyond, have been working through all kinds of weather, extreme weather, to do something that is critically important for our energy future and has been contemplated as part of our grid," she said. "The Trump administration shut it down, we went to court, and now the stop-work order must be lifted, and people get back to their jobs."

Newsday's Matthew Chayes contributed to this story.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.