Generic Hero BannerGeneric Hero Banner
Latest market news

Senate Democrats target wind lease terminations

  • : Electricity, Emissions
  • 26/07/20

A group of US Senate Democrats is investigating agreements between President Donald Trump's administration and project developers that have collectively abandoned nine offshore wind leases in return for more than $2.7bn in financial reimbursements and pledges to invest in various other energy projects.

The senators on 17 July called on four companies that have reached agreements with the US Interior Department to provide details about the circumstances and arrangements that led them to relinquish leases acquired during former president Joe Biden's tenure. The group is made up of 13 Democrats and one independent, led by senator Alex Padilla (D-California) and Senate minority leader Chuck Schumer (D-New York).

The companies targeted include Chicago developer Invenergy, France's TotalEnergies, North Carolina-based utility Duke Energy and Ocean Winds, a 50:50 partnership between EDP Renewables and Engie.

"These buyouts risk setting a dangerous precedent that could encourage further misuse of public funds to terminate clean energy projects in certain states in favor of fossil fuel investments that benefit other states," the senators said.

Through the settlements, the Trump administration has agreed to pay the four companies more than $2.7bn from the Judgment Fund, an allocation created by Congress in 1956 and managed by the US Treasury Department to pay for lawsuits settled against the federal government. The use of the fund to pay for the cancelations — which "may not be permissible under statute", according to the senators — is one of the numerous grounds on which Democrats have contested the arrangements. The administration similarly turned to the Judgment Fund in May as the source for a nearly $1.8bn "anti-weaponization fund" to reimburse "victims of lawfare" with "formal apologies and monetary relief" as part of a legal settlement between Trump and the US Internal Revenue Service. The US District Court for the Eastern District of Virginia in June stopped the administration from setting up the fund while it considers a broader challenge to its legality, and the administration last week sought to dismiss that case because the fund "is not going forward" any longer.

In addition to requesting any correspondence related to the deals, the senators are seeking details of the negotiations that ultimately led to the settlements, including when "initial conversations" with the Trump administration began and whether the administration threatened to suspend the companies' offshore wind projects if they elected to push forward with them. The senators also requested information on national security risks identified by Interior, any hearings on the terminations ahead of the deals, and specifics about the fossil fuel-related investments on which the administration predicated the settlements.

The deadline for responses is 7 August. None of the companies immediately responded to requests for comment, including whether they intend to cooperate with the inquiry.

Scrutiny over the deals has not been limited to Congress. The settlements have similarly drawn fire from states that had been counting on the projects to help meet growing electricity demand and clean energy goals. A coalition of seven northeast US states last month sued the US government over the TotalEnergies agreement, while California has signaled it will take similar steps to challenge the Invenergy and Ocean Winds agreements if Interior does not promptly void them.


Generic Hero Banner

Business intelligence reports

Get concise, trustworthy and unbiased analysis of the latest trends and developments in oil and energy markets. These reports are specially created for decision makers who don’t have time to track markets day-by-day, minute-by-minute.

Learn more