AG Nessel Sues Trump Administration for Halting Development of Wind Energy

LANSING – Michigan Attorney General Dana Nessel has joined a coalition of 18 attorneys general in filing a lawsuit (PDF) against the Trump Administration over its unlawful attempt to freeze the development of wind energy. 

“While Donald Trump continues to spread falsehoods about renewable energy, the truth is that it is reliable, affordable, and supports thousands of jobs here in Michigan,” Nessel said. “This is yet another illegal attempt to unilaterally roll back longstanding federal policy, this time by disrupting the wind energy sector in Michigan and across the country. If Trump's unlawful actions succeed, hardworking Michigan families could face even higher utility bills.”

On January 20, President Trump issued a Presidential Memorandum that, among other things, indefinitely halted all federal approvals necessary for the development of offshore and onshore wind energy projects pending federal review. Pursuant to this directive, federal agencies have stopped all permitting and approval activities and, in one case, have even stopped a fully permitted project in New York that had already begun construction. Wind energy is a homegrown source of reliable, affordable energy that supports hundreds of thousands of jobs, creates billions of dollars in economic activity and tax payments, and supplies more than 10% of the country’s electricity.

The attorneys general allege that the President’s directive harms their states’ efforts to secure reliable, diversified, and affordable sources of energy to meet their increasing demand for electricity and help reduce emissions of harmful air pollutants, meet clean energy goals, and address climate change. The directive also threatens to thwart the states’ significant investments in wind industry infrastructure, supply chains, and workforce development—investments that already total billions of dollars.

The State of Michigan’s Public Act 235 establishes a renewable energy standard of 50% by 2030 and 60% by 2035. The law further establishes a clean energy standard of 80% by 2035 and 100% by 2040. Wind energy is important in meeting those goals, especially in winter, and is also the cheapest option for new energy.

While 7% of Michigan’s electricity currently comes from wind, utility companies have submitted plans to the Michigan Public Service Commission to supply about 25% of the state’s electricity consumption from wind generation by 2035. However, the Presidential Memorandum would slow and disrupt development, making meeting energy goals more expensive for Michigan residents.  

The coalition argues that the President’s directive and federal agencies’ subsequent implementation of it violate the Administrative Procedure Act and other federal laws because they, among other things, provide no reasoned explanation for categorically and indefinitely halting all wind energy development—a sudden change that reverses longstanding federal policy and is inconsistent with recent federal action propping up other forms of energy. The lawsuit also alleges that the abrupt halt on all permitting violates numerous federal statutes that prescribe specific procedures and timelines for federal permitting and approvals—procedures the Administration wholly disregarded in stopping wind-energy development altogether.

In filing this lawsuit, the attorneys general ask the Court to declare the President’s directive illegal and prevent the Administration from taking any action to delay or prevent wind energy development.

Joining Attorney General Nessel in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.

###