Attorney General Bonta Moves to Intervene in Lawsuit Against Trump Administration to Protect Onshore Wind Energy Projects
OAKLAND — California Attorney General Rob Bonta today joined a coalition of 19 attorneys general in moving to intervene in Renewable Northwest et al. v. Hegseth et al., a lawsuit brought by several wind industry associations and businesses against the U.S. Department of Defense (DoD) and Secretary Pete Hegseth for unlawfully freezing routine reviews of land-based wind energy projects across the country. Federal law requires DoD to review proposed wind projects for potential national security concerns and work with developers to address any issues. In August 2025, DoD stopped moving projects through this process, blocking onshore wind energy development nationwide. Attorney General Bonta and the coalition today filed a motion to intervene in the lawsuit against DoD and filed a complaint in intervention, asking the court to set aside DoD’s unlawful freeze and order the agency to resume the review process required by federal law.
“It is no secret that the Trump Administration is doing everything it can to undermine wind energy projects. Instead of expanding energy supply and helping drive electricity prices down, the Administration is blocking new clean, affordable energy generation to the power grid,” said Attorney General Bonta. “We are taking the Trump Administration to court for its illegal halt of onshore wind energy development nationwide, and we are asking the Court to order DoD to resume the review process of onshore wind energy projects that will strengthen our energy security and keep lower-cost power within reach, when Americans need it most today.”
Under federal law, land-based wind project developers must submit any proposed projects with wind turbines over 200 feet tall to the Federal Aviation Administration (FAA) for review. The FAA then refers these projects to DoD to assess whether they could affect national security interests, such as military operations, radar systems, or flight paths. For more than a decade, DoD engaged in a predictable review process and worked with developers to mitigate potential concerns. Mitigation measures often included changes to turbine placement or height, radar upgrades, or agreements to pause generation under certain circumstances.
In August 2025, DoD abruptly stopped following its review process. Officials ceased countersigning mitigation agreements, stopped sending completed agreements to developers for signature, and delayed or halted communications with developers about mitigation. As a result, wind projects across the country have been frozen at various stages of the review process, including those projects that had already completed mitigation negotiations and were awaiting only final DoD approval. In May 2026, DOD issued “interim guidance” stating that wind energy projects would continue to be subject to an indefinite hold while DoD conducts “further agency coordination."
Demand for electricity continues to increase across the nation. Wind project development is key to meeting this demand by creating additional supply while also increasing reliability, lowering energy costs, and reducing the harmful emissions associated with other sources of power generation. DoD’s unlawful wind freeze impacts states’ ability to provide clean and affordable energy, which is a critical component of our nation’s energy security. Specifically in California, at least one onshore wind project is being held up by the wind freeze, threatening private investment and construction jobs.
In today's filing, the coalition argues that DoD’s freeze is unlawful and violates the Administrative Procedure Act because it is arbitrary and capricious. DoD has not provided a reasonable explanation for its sudden change in policy, accounted for the harm to states, developers, workers, and ratepayers, or considered the major investments made in reliance on its longstanding review process. The coalition also argues that DoD’s refusal to act is causing unreasonable delay and undermining Congress’s directive that DoD balance national security concerns with the responsible development of renewable energy. The coalition is asking the court to require the agency to resume reviewing and approving land-based wind projects.
Joining Attorney General Bonta in today's motion to intervene are the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
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