Based on reporting elsewhere, some of the judges viewed the classified report that was used to justify the order to halt construction, but they didn’t find it persuasive. In one case, the judge noted that the government wasn’t acting as if the security risks were real. The threat supposedly comes from the operation of the wind turbines, but the Department of the Interior’s order blocked construction while allowing any completed hardware to operate.
“If the government’s concern is the operation of these facilities, allowing the ongoing operation of the 44 turbines while prohibiting the repair of the existing turbines and the completion of the 18 additional turbines is irrational,” Judge Brian E. Murphy said. That once again raises the possibility that the order halting construction will ultimately be held to be arbitrary and capricious.
For now, however, the courts are largely offering the wind projects relief because the ruling was issued without any warning or communication from the government and would clearly inflict substantial harm on the companies building them. The injunction blocks the government’s hold on construction until a final ruling is issued. The government can still appeal the decision before that point, but the consistency among these rulings suggests it will likely fail.
Several of these projects are near completion and are likely to be done before any government appeal can be heard.
