Under the newly adopted policies, the Corps of Engineers must weigh the energy produced per acre for any project under its oversight against the potential impact of alternative land uses. The Department of Home Affairs has also been instructed on a similar matter.
This appeared to be sufficient for the purposes of the interim injunction. Given this rationale, Judge Kasper said he could not conclude that the plaintiff organizations would prevail on their claims that the policy was arbitrary and capricious. That decision had to await a full trial.
But it won’t happen, because these rules became illegal for other reasons.
Casper’s ruling notes that laws governing the use of public lands require agencies to consider multiple factors, balancing the benefits and protections of various uses. The rules set forth by the Interior and Corps of Engineers bypassed the process outlined in the relevant statutes, making a simple energy density calculation the sole determinant of whether a project could proceed. So these policies also deserve an order.
At least for the parties involved in the lawsuit, none of the Trump administration’s barriers to renewable energy will apply. The groups involved in the suit included many renewable energy producers*. However, the agencies involved can still create informal obstacles without violating the order, such as quietly slowing down the pace of project approvals. The government could also potentially appeal the decision.
So while the decision is good news, it’s no guarantee that renewable energy growth will continue unhindered for the next few years.
* Full list of contenders: Clean Grid Alliance, Alliance for Clean Energy New York, Renew Northeast, Mid-Atlantic Renewable Energy Coalition Action, Renewable Northwest, Carolina Clean Energy Business Association, Southern Renewable Energy Association, Interwest Energy Alliance.
