Author Topic: Judge Cites 'Irreparable Harm' in Ruling Against Trump Wind Farm Halt  (Read 1391 times)

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Online rangerrebew

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Judge Cites 'Irreparable Harm' in Ruling Against Trump Wind Farm Halt
By James Morley III    |   Thursday, 15 January 2026 02:31 PM EST
 

A federal judge ruled Thursday that construction on the $5 billion Empire Wind project off the coast of Long Island may resume, dealing a setback to President Donald Trump's broader effort to halt offshore wind development.

U.S. District Judge Carl J. Nichols said stopping work on the project would likely cause irreparable harm.

The Interior Department had recently paused construction on Empire Wind and four other East Coast offshore wind projects, citing unspecified national security concerns.


Attorneys for Empire Wind argued that further delays could threaten the project's viability, noting that construction is already about 60% complete.

https://www.newsmax.com/newsfront/wind-farms-trump-national-security/2026/01/15/id/1242300/
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Online rangerrebew

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At what point in history did a judge earn the right to rule on something based on "irreparable" harm become a basis for ruling against something.  What parameters have been put into law to determine exactly what those rules or justifications are to protect against personal bias? :judge:
« Last Edit: 04:12 am by rangerrebew »
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Offline Kamaji

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At what point in history did a judge earn the right to rule on something based on "irreparable" harm become a basis for ruling against something.  What parameters have been put into law to determine exactly what those rules or justifications are to protect against personal bias? :judge:

Maybe you should start reading the cases and studying the law.  Irreparable harm, btw, is one of the fundamental bases of equity jurisdiction, which the U.S. common law inherited from the ancient British common law at the time of the Revolution.

In the meantime, if the decision is in error, then it should be appealed.
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Offline PeteS in CA

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Bird-Chopper farms do irreparable environmental harm.
I am not and never have been a leftist.

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US Life Expectancy chart illustrating this, https://www.macrotrends.net/datasets/global-metrics/countries/usa/united-states/life-expectancy

Online DefiantMassRINO

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Irreparable harm to whom?

Nobody worried about the irreparable harm to marine mammals during the sound surveys.

Nobody worried about the irreparable harm to navigation and shipping companies.

Nobody worried about the irreparable harm to fishermen.

Nobody worried about the irreparable harm to electric company customers.

Nobody worried about the irreparable harm to the overall economy.

They only worried about themselves.

Appeal!  Appeal!  Appeal!
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Offline IsailedawayfromFR

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Irreparable harm to whom?

Nobody worried about the irreparable harm to marine mammals during the sound surveys.

Nobody worried about the irreparable harm to navigation and shipping companies.

Nobody worried about the irreparable harm to fishermen.

Nobody worried about the irreparable harm to electric company customers.

Nobody worried about the irreparable harm to the overall economy.

They only worried about themselves.

Appeal!  Appeal!  Appeal!
Exactly.

The judge is a nut case or is taking bribes to continue the windmill fraud.

Where was this type of ruling when the court shutdown the Keystone pipeline?
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Offline Hoodat

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Can someone please direct me to the "irreparable harm" clause in the US Constitution?
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Jim Jones was a socialist Democrat.

Offline Kamaji

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Can someone please direct me to the "irreparable harm" clause in the US Constitution?

Article III, section 2, which extends the judicial power of the U.S. to all cases in law and equity.  “Irreparable harm” is a core concept in equity jurisdiction, and oftentimes must be shown in order to entitle the claimant to nonmonetary relief, such as an injunction. 
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Online DefiantMassRINO

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The Danish Wind Farm Mafia can eat the loss ... just like the Keystone XL Pipeline investors had to.

Write it off as a business loss for tax purposes.

Article III, section 2, which extends the judicial power of the U.S. to all cases in law and equity.  “Irreparable harm” is a core concept in equity jurisdiction, and oftentimes must be shown in order to entitle the claimant to nonmonetary relief, such as an injunction.
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Offline Kamaji

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The Danish Wind Farm Mafia can eat the loss ... just like the Keystone XL Pipeline investors had to.

Write it off as a business loss for tax purposes.


If the court was in error, then appeal. 
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Offline Hoodat

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Article III, section 2, which extends the judicial power of the U.S. to all cases in law and equity.  “Irreparable harm” is a core concept in equity jurisdiction, and oftentimes must be shown in order to entitle the claimant to nonmonetary relief, such as an injunction.

I wasn't questioning the power of the court.  I was questioning their legal justification for their ruling.  "Irreparable harm" is a cop-out.  There is no legal basis for it.  One on death row for a capital crime could argue that his/her execution would cause "irreparable harm".  Or any incarceration at all for that matter.  Like I said, it's pure made-up legal bullshit.
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

Jim Jones was a socialist Democrat.

Offline Hoodat

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If the court was in error, then appeal.

Oh, they're in error all right.  Unless you care to produce some written law or statute that is being violated here.
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

Jim Jones was a socialist Democrat.

Offline Free Vulcan

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The Danish Wind Farm Mafia can eat the loss ... just like the Keystone XL Pipeline investors had to.

Write it off as a business loss for tax purposes.

That's what always makes me rage. Keystone pipeline? Nope, irreparable harm! Windmill farm? Yep, irreparable farm!

It's not the decision, it's the lack of logic and legal reasoning that went into the decision, and the inconsistency that just screams judicial activism.
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Offline Bigun

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I wasn't questioning the power of the court.  I was questioning their legal justification for their ruling.  "Irreparable harm" is a cop-out.  There is no legal basis for it.  One on death row for a capital crime could argue that his/her execution would cause "irreparable harm".  Or any incarceration at all for that matter.  Like I said, it's pure made-up legal bullshit.

Much like this "Standing" BS.
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Offline Kamaji

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I wasn't questioning the power of the court.  I was questioning their legal justification for their ruling.  "Irreparable harm" is a cop-out.  There is no legal basis for it.  One on death row for a capital crime could argue that his/her execution would cause "irreparable harm".  Or any incarceration at all for that matter.  Like I said, it's pure made-up legal bullshit.

So you’ve read the opinion then, the original complaint, and the underlying briefs?
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Offline Kamaji

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Oh, they're in error all right.  Unless you care to produce some written law or statute that is being violated here.

 Not my monkey, not my circus. 
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Offline IsailedawayfromFR

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Not my monkey, not my circus.
So butt out.

We are not subservient to lawless judges, only those who obey the Constitution.

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Offline Kamaji

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So butt out.

We are not subservient to lawless judges, only those who obey the Constitution.



F&$k off unless you’ve read the opinion, the original complaint, and the briefs filed in the case and have formed an actual informed opinion rather than, once again, engaging in brainless bloviation. 
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Offline Kamaji

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Whaddya know, reading the actual case documents helps the understanding. 

The opinion the OP talks about was a ruling on a motion for an injunction against the stop-work order issued by the Interior Department.

An injunction is an equitable remedy - remember the judicial power extends to all cases in law AND equity, and one of the showings that must be made is that the party moving for the injunction will suffer irreparable harm if the injunction - the equitable remedy - is not granted. 

Geez.  This is hornbook law. 

Whether the court was justified on the record in finding that irreparable harm was shown is another matter.  However, since the court has also set an expedited calendar for briefing on the underlying merits, it’s likely that an appeal of the decision won’t be available until after the district court has ruled on the merits.

This judge IS following the Constitution and is exercising the equitable jurisdiction the Constitution grants. Whether he was mistaken on the facts is another matter, but that is not of a constitutional dimension. 
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Offline Wingnut

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So butt out.

We are not subservient to lawless judges, only those who obey the Constitution.

The sumbitch has an opinion on everything.  He is like an as hole.  We all have one. 

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Offline IsailedawayfromFR

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The sumbitch has an opinion on everything.  He is like an as hole.  We all have one. 

I represent!
Not his monkey or circus but tries to continue to act like a ringmaster.
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Offline Kamaji

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Not his monkey or circus but tries to continue to act like a ringmaster.

:bigsilly:

Butthurt much?
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Offline Smokin Joe

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Bird-Chopper farms do irreparable environmental harm.
Well, now that the Muslims have conquered NYC, being able to 'see' low flying nuclear tipped cruise missiles launched from freighters offshore might not be a priority in New York.

350 to 500 feet of radar clutter above the waves sure provides an Achilles' Heel.
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Offline Fishrrman

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Appeal this order, quickly -- and get it reversed.