Wind Power Wins Far-Reaching Federal Lawsuit Against Pentagon

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Written by John Egan for IIR News Intelligence (Sugar Land, Texas)

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Summary

A federal judge in Oregon ruled August 6 the U.S. Department of Defense violated the Administrative Procedure Act (APA) and clear Congressional instructions by slow-walking, then stopping altogether, its review of proposed wind-power projects near military facilities.

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States, Wind Power Developers Win in Federal Court

A federal judge in Oregon, appointed by President Donald Trump, on August 6 ruled that the U.S. Department of Defense (DOD) violated the Administrative Procedure Act, and clear Congressional direction, first by slow-walking, then refusing to consider, applications by wind-power developers across the nation to build generation projects near military facilities.

The suit was filed May 31, 2026, by several wind-power trade groups, led by Renewable Northwest, and joined by about 20 states led by Democratic governors, including Arizona, California, Colorado, Illinois, Maine, Massachusetts, Michigan, New Jersey, New Mexico, New York and Oregon. The suit concerned proposed wind projects slated to be built on land and in the water. For more on the suit, see June 9, 2026, article - U.S. Clean Power Groups Sue DOD Over Delays in Wind Project Permitting.

The wind-power plaintiffs said at least 25 of their projects, with aggregate generating capacity of at least 11,690 megawatts (MW), were stuck in the Pentagon's review process. In her ruling, U.S. District Court Judge Karin J. Immergut said her findings were not limited to the plaintiff's 25 specific projects that were stuck in the Pentagon's review process, according to Phelps Turner, a senior attorney for clean energy at the Environmental Defense Fund.

In an email exchange with Industrial Info Resources, Turner said the judge reasoned that limiting her ruling only to those 25 projects "would create a patchwork of deadlines, and that only applying the finding to the plaintiffs would require rewriting the statute and regulations governing deadlines."

The judge's ruling, unless reversed, could have far-reaching positive effects on wind-power development across the U.S.

As many as 108 proposed wind-energy projects across the nation, representing an estimated US$62 billion in total investment value, could be affected. Industrial Info Resources is tracking about 295 wind-power projects under development across the U.S., valued at approximately US$192 billion. Readers can consult a detailed list of project reports.

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Congressional Intent Was Clear, Judge Ruled

In 2011, Congress passed the Ike Skelton National Defense Authorization Act, which required DOD to conduct a national security review of proposed energy construction projects that were slated to be built near military facilities.

For about 15 years, that process worked reasonably well. If the Pentagon deemed a proposed project could interfere with operations at a particular military facility, the Pentagon and the developer entered negotiations to try to address the DOD's concerns and modify the project.

The 2011 law required the Pentagon to review proposed wind-power projects within a certain timeframe. If the DOD determined a proposed project could interfere with the military's responsibility to ensure national security, the Pentagon was required to begin negotiations with developers to try to address its concerns.

The law also required the Pentagon to specify exactly how a proposed energy project would create a direct threat to U.S. national security. To date, aside from proposed wind-power projects, no other proposed energy projects have been stalled indefinitely by the Pentagon, U.S. District Court Judge Karin J. Immergut wrote in her decision.

"Beginning in August 2025," she continued, "DOD incrementally stopped processing proposed wind-energy projects, and on May 7, 2026, DOD's review of wind energy projects ground to a halt."

On August 6, the judge, sitting in Portland, Oregon, ruled in favor of 20 wind-power developers that the DOD violated the Administrative Procedure Act, as well as clear Congressional instruction in delaying, then simply not acting on, petitions filed by those companies to negotiate with the Pentagon in search of a mutually agreeable solution.

Trump has criticized wind power for decades. In 2018, during his first term, Trump nominated Immergut to serve on the Federal District Court for the Oregon District.

By the Numbers

• 21: The number of states with proposed wind-power projects slated to be built near military facilities
• 108: The number of proposed wind-power projects scheduled to be built in those states. Not all projects are slated to be built near a military facility
• US$62 billion: The value of proposed wind-power projects scheduled to be built in the states that sued the Department of Defense

Pentagon Mum on Next Steps

A Pentagon spokesperson told Industrial Info Resources that it cannot comment on ongoing litigation.

In an email exchange, a Pentagon official said the department is "actively evaluating land-based wind energy projects to ensure they do not impair national security or military operations, in accordance with statutory and regulatory requirements. This process involves complex, time-consuming interagency coordination (for example between the Federal Aviation Administration, the Department of Homeland Security, the Department of Transportation and the Department of the Interior) to balance renewable energy development with the protection and preservation of testing, training and operational readiness."

The source would not provide any more details.

Should the Pentagon appeal Immergut's ruling, the next step would be to go to the U.S. Court of Appeals for the Ninth Circuit Court of Appeals, which is nearly evenly split between judges appointed by Democratic and Republican presidents. The Trump administration could try to skip the Ninth Circuit and appeal directly to the U.S. Supreme Court, where there is a more reliable 6-3 Republican-appointed majority.

Windfarms, Drones and National Security

The judge appeared to be frustrated by the Pentagon's unwillingness to provide specifics on how proposed windfarms could endanger U.S. national security.

In her decision, she cited testimony by Assistant Secretary of Defense Dale R. Marks that a "dramatic change in drone-based adversarial capability [has] emerged over the past 24 months" that meant "no target is out of reach, regardless of geographic distance." That mean that "a smaller nation or rogue actor does not need to achieve air or naval superiority to inflict severe damage on [a] larger power." In other words, she said summarizing his testimony, "hobbyist drones costing hundreds of dollars can destroy a $300 million strategic bomber."

But the judge never had to assess the substance or veracity of Marks' claims, or the Pentagon's posture on wind power, because she based her ruling on procedural grounds: The DOD violated the APA and clear congressional intent as detailed in the Ike Skelton military bill.

In finding for the wind-power companies and issuing a temporary injunction against the Pentagon's freeze, pending final adjudication on the merits of the case, Immergut said, "the APA authorizes reviewing courts to 'hold unlawful and set aside agency actions if they are "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" and "without observance of procedure required by law."'"

She further found that the wind-power companies has demonstrated that "(1) they are likely to succeed on the merits; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in their favor; and (4) an injunction is in the public interest."

The DOD's review freeze "violates statutory and regulatory deadlines governing DOD's review of wind energy projects," she wrote. She instructed the Pentagon to provide her with rolling 30-day progress reports on steps was taking to comply with her decision.

Key Takeaways

• A federal district judge ruled the U.S. Department of Defense violated the law in its actions to stall and kill the development of wind power slated to be built near DOD facilities.
• As many as 108 proposed wind-power projects in about 20 states, valued at about US$62 billion, could be affected by the ruling.
• The Pentagon claimed the proposed windfarms threatened U.S. national security, but it offered little proof of that claim. A spokesperson declined to say whether it would appeal.

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About Industrial Info Resources
Industrial Info Resources (IIR) is the leading provider of industrial market intelligence. Since 1983, IIR has provided comprehensive research, news and analysis on the industrial process, manufacturing and energy related industries. IIR's Global Market Intelligence (GMI) helps companies identify and pursue trends across multiple markets with access to real, qualified and validated plant and project opportunities. Across the world, Industrial Info Resources is tracking over 250,000 current and future projects worth $30.2 trillion (USD).