politics
Court: “Because Trump said to” may not be a legally valid defense
The “arbitrary and capricious” standard strikes down another administration action.
TL;DR
- A Trump executive order halting offshore wind power development on federal land and waters was vacated by US District Court Judge Patti Saris.
- The order was challenged by states and wind power industry representatives, who argued the suspension was arbitrary and capricious.
- The government's defense rested solely on the executive order and a subsequent memo, offering no reasoned explanation for the suspension.
- Judge Saris ruled that agencies cannot be exempt from the Administrative Procedures Act simply by following a presidential order without independent decision-making.
- The indefinite suspension was also found to violate statutes requiring decisions on leases and licenses to be made in a "reasonable time."
- While the order is vacated, agencies could still slow-walk project approvals, potentially leading to more lawsuits.
- The uncertainty created by the former president's actions may still hinder wind power development despite the legal ruling.