The Trump administration has made many attempts to block wind development, both offshore and land based. Its attempts to stop offshore wind included the same approach at issue in this case: Claim that drone developments mean that radar interference by wind turbines creates a national security risk. The courts were not sympathetic to this claim, including in cases where judges examined a classified report that the DoD was using to justify blocking offshore wind construction. As a result, the administration has turned to paying companies not to pursue wind development.
In parallel, the government was pursuing a similar approach for onshore wind. Here, a law lays out a process for the DoD to evaluate any problems posed by wind turbines and negotiate changes to planned wind farms with the developers. As laid out in the new decision, the government simply stopped participating in this process in August 2025, first by refusing to sign off on previously negotiated agreements, and later by refusing to draft agreements entirely. Eventually, it simply refused to participate in negotiations at all. This has brought a halt to all wind development in the US.
So, individual developers and industry groups sued. The government made a variety of defenses, including that the suit was filed in the wrong court system, that it hadn’t made any final decisions that were subject to judicial review yet, and that the plaintiffs lack standing to sue. The court found none of these arguments persuasive. And it found that the hold was a very clear violation of the law. “DoD’s review is not a black box,” Judge Karin Immergut ruled. “Rather, Congress created a statutory framework that guides DoD’s review of whether a construction project ‘would result in an unacceptable risk to the national security of the United States.’”
Nothing in that framework allows the DoD to simply stop participating in the process. “If DoD wishes to alter the statutory scheme, it can ask Congress to do so,” Immergut wrote. In the absence of congressional action, the DoD can’t simply ignore the law.
The ruling orders the DoD to resume the process of approving wind projects using the congressionally mandated schedule and to report back every 30 days on its progress.
