The Trump administration has asked a court to reject Orsted’s request for a preliminary injunction that would allow the developer to resume work on the 704MW Revolution Wind.
The stop-work order challenged by Orsted is lawful under the Bureau of Ocean Energy Management, the Department of Justice argued in a filing with the federal District Court for the District of Columbia .
The DoJ wrote: “Under its general authority to ensure that activities under federal leases are carried out in a manner that provides for, among other things, protection of national security and prevention of interference with other uses, BOEM issued a stop work order to Revolution Wind.
“That order did not revoke or modify any existing project approval; it did not terminate the project; and it did not rescind Revolution Wind’s lease. Rather, given the identified concerns, the order halts construction work while BOEM completes its review.”
The DoJ acknowledged that Revolution “may be frustrated that the Project is allegedly not able to proceed on schedule” but argue the developers’ request for injunctive relief fails to meet the burden to prove a “certain, imminent, and irreparable injury” that justifies injunctive relief.
Orsted revealed this week that the stop-work order is costing the developer some $25m between Revolution Wind and the neighbouring 924MW Sunrise Wind for every week that the order is in effect.