ATLANTIC CITY, NJ. – There’s some bad news for the Jersey Shore today as a progressive judge in Massachusetts just delivered a blow to President Trump’s offshore wind moratorium that had put the brakes on New Jersey’s massive offshore wind farms.
The federal judge who was recommended by former Senator Barack Obama and appointed by former President Bill Clinton on Monday struck down the Trump administration’s yearlong suspension of wind energy permitting, ruling that the pause on all new wind project authorizations was arbitrary, unlawful, and exceeded the government’s authority under federal law.
U.S. District Judge Patti B. Saris vacated the policy—known as the “Wind Order”—which had halted all new permits and leases for onshore and offshore wind projects nationwide since January, following President Donald Trump’s “Wind Memo” directing agencies to suspend activity.
Not everyone is unhappy with this decision. New Jersey Attorney General Matt Platkin was among those celebrating victory for large windmills off the Jersey Shore.
“A court just agreed with us and blocked Trump’s freeze on wind energy. At a time when utility prices are skyrocketing, Trump’s job-killing freeze would only increase costs. Proud to fight—and win—for NJ families in court,” Platkin said.
In her 47-page decision, Saris concluded that the order “constitutes a final agency action that is arbitrary and capricious and contrary to law,” finding that federal agencies failed to provide a reasoned explanation for the sweeping suspension.
“The Wind Order represents a de facto suspension of the law with respect to wind energy development,” Saris wrote, declaring the policy unlawful under the Administrative Procedure Act (APA) and vacating it in full.
Seventeen states challenged the moratorium
The case, State of New York et al. v. Trump et al., was brought by 17 states, the District of Columbia, and the Alliance for Clean Energy New York. The plaintiffs argued that the suspension had stalled billions in clean-energy investments, delayed offshore projects, and threatened states’ renewable energy goals.
Judge Saris found the plaintiffs had standing, noting that project delays had “reduced or deferred tax revenue” and “disrupted states’ plans to derive energy from wind projects.” She ruled that the federal government’s indefinite moratorium imposed “direct and appreciable legal consequences” and violated statutory requirements for agencies to process applications “within a reasonable time.”
Court rejects argument that presidential directive shields agencies from review
Government lawyers had argued the order was not reviewable because it merely implemented President Trump’s executive directive. Saris rejected that defense, citing prior appellate rulings holding that agency actions executed under presidential orders remain subject to APA review unless a statute explicitly compels otherwise.
“The Agency Defendants candidly concede that the sole factor they considered in deciding to stop issuing permits was the President’s direction to do so,” the judge wrote, finding that such reasoning failed to meet the APA’s requirement for a “reasoned explanation.”
Legal and economic fallout from the decision
The ruling restores the permitting process for federal wind energy projects and directs agencies including the Interior Department, Commerce Department, Environmental Protection Agency, and Army Corps of Engineers to resume reviewing applications.
Saris’s decision also carries broader implications for presidential authority, reaffirming that executive directives implemented by federal agencies remain subject to judicial scrutiny when they alter or suspend regulatory obligations.
Environmental and industry groups praised the ruling as a major victory for renewable energy expansion, while federal officials had no immediate comment on whether they would appeal.