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AG Nessel Intervenes to Protect Onshore Wind Energy Projects

LANSING – Michigan Attorney General Dana Nessel has joined a coalition of 18 other attorneys general in moving to intervene in a lawsuit (PDF) 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 wind energy development nationwide. Attorney General Nessel and the coalition are asking the court to set aside DoD’s unlawful freeze and order the agency to resume the review process required by federal law.

"With no rationale of any kind, the Trump administration has weaponized a routine federal review process in order to stall clean wind energy projects,” said Attorney General Nessel. “It is an obvious favor to the President’s Big Oil donors, all at the expense of cleaner air, thousands of Michigan jobs, and over half a billion dollars in private investment in our state. When the federal government tramples on the rule of law and actively harms our communities, I will not hesitate in continuing to defend Michigan residents from this administration’s unlawful policies.” 

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 military operations, radar systems, flight paths, or national security. 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 this 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 that had already completed mitigation negotiations and were awaiting only final DoD approval.

In the State of Michigan, at least $507 million in private investments and more than 1,100 jobs are at risk from the halting of wind project developments. The unlawful freeze further threatens to impede Michigan utilities achieving their statutory requirements for renewable and clean energy generation, which entails the development of wind energy resources.

Attorney General Nessel and the coalition argue that DoD’s freeze is unlawful, arbitrary and capricious, and violates the Administrative Procedure Act. 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’ 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.

Since the Trump administration took office in January 2025, Attorney General Nessel has taken action to protect the rights, services, and federal funding that Michigan residents depend on. To date, the office has recouped or preserved more than $3.453 billion in Michigan taxpayer money. To help Michiganders stay informed, the Department launched the Federal Actions Tracker. The tracker provides up-to-date information on the Attorney General's federal litigation.

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

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