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Since July 4, the federal government has escalated its assault on wind development to previously unimaginable heights.

The Trump administration is widening its efforts to restrict wind power, proposing new nationwide land use restrictions and laying what some say is the groundwork for targeting wind facilities under construction or even operation.
Since Trump re-entered the White House, his administration has halted wind energy leasing, stopped approving wind projects on federal land or in federal waters, and blocked wind developers from getting permits for interactions with protected birds, putting operators that harm a bald eagle or endangered hawk at risk of steep federal fines or jail time.
For the most part, however, projects either under construction or already operating have been spared. With a handful of exceptions — the Lava Ridge wind farm in Idaho, the Atlantic Shores development off the coast of New Jersey and the Empire Wind project in the New York Bight — most projects with advanced timelines appeared to be safe.
But that was then. In the past week, a series of Trump administration actions has presented fresh threats to wind developers seeking everyday sign-offs for things that have never before presented a potential problem. Renewables developers and their supporters say the rush of actions is intended to further curtail investment in wind after Congress earlier this summer drastically curtailed tax breaks for wind and solar.
“I don’t think they even care if it’ll stand judicial review,” Erik Schlenker-Goodrich, executive director of the Western Environmental Law Center, told me. “It’s just going to chill anyone with limited capital from going to [an] agency.”
First up: The Transportation Department last Tuesday declared that it would now call for a national 1.2-mile property setback — that is, a mandatory distance requirement — for all wind facilities near railroads and highways.
When it announced the move, the DOT claimed it had “recently discovered” that the Biden administration had “overruled a safety recommendation for dozens of wind energy projects” related to radio frequencies near transportation corridors, suggesting the federal government would soon be stepping in to rectify the purported situation. To try and support this claim, the agency released a pair of Biden-era letters from a DOT spectrum policy office related to Prairie Heritage, a Pattern Energy wind project in Illinois, one recommending action due to radio issues and a subsequent analysis that no longer raised concerns.
Citing these, the DOT stated that political officials had overruled the concerns of safety experts and called on Congress to investigate. It also suggested that “33 projects have been uncovered where the original safety recommendation was rescinded.” DOT couldn’t be reached for comment in time for publication. Pattern Energy declined to comment.
Buried in this announcement was another reveal: DOT said that it would instruct the Federal Aviation Administration to “thoroughly evaluate proposed wind turbines to ensure they do not pose a danger to aviation” — a signal that a once-routine FAA height clearance required for almost every wind turbine could now become a hurdle for the entire sector.
At the same time, the Department of the Interior unveiled a twin set of secretarial orders that went beyond even its edict of just the week before, requiring that all permits for wind and solar go through high-level political screening.
First, also on Tuesday, the department released a mega-order claiming the Biden administration “chose to misapply” the law in approving offshore wind projects and calling on nearly every branch of the agency to review “any regulations, guidance, policies, and practices” related to a host of actions that occur before and after a project receives its final record of decision, including right-of-way authorizations, land use plan amendments and revisions, and environmental and wildlife permit and analyses. Among its many directives, the order instructed Interior staff to prepare a report on fully-approved offshore wind projects that may have impacts on “military readiness.” It also directed the agency’s top lawyer to review all “pending litigation” against a wind or solar project approval and identify cases where the agency could withdraw or rescind it.
Then came Friday. As I scooped for Heatmap, Interior will no longer permit a wind project on federal land if it would produce less energy per acre than a coal, gas, or nuclear facility at the same site. This happens to be a metric where wind typically performs worse than its more conventional counterparts; that being the case, this order could amount to a targeted and de facto ban on wind on federal property.
Taken in sum, it’s difficult not to read this series of orders as a message to the entire wind industry: Avoid the federal government at all costs, if you can help it.
What does the future of wind development look like in the U.S. if you have to work around the feds at every turn? “It’s a good question,” John Hensley, senior vice president for markets and policy analysis at the American Clean Power Association, told me this afternoon. The challenge is that “as we see more and more of these crop up, it becomes more and more difficult to move these projects forward — and, somewhat equally important, it becomes difficult to find the financing to develop these projects.”
“If the financing community is unwilling to take on that risk then the money dries up and these projects have a lower likelihood of happening,” Hensley said, adding: “We haven’t reached the threshold where all activity has ground to a stop, but it certainly has pushed companies to re-evaluate their portfolios and think about where they do have this regulatory risk, and it pushes the financing community to do the same. It’s just putting more barriers in place to move these projects forward.”
Anti-wind activists, meanwhile, see these orders as a map to the anti-renewables Holy Grail: forcibly decommissioning projects that are already in service.
On the same day as the mega-order, the coastal vacation town of Nantucket, Massachusetts, threatened legal action against Vineyard Wind, the offshore wind project that experienced a construction catastrophe during the middle of last year’s high tourist season, sending part of a turbine blade and shards of fiberglass into the waters just offshore. The facility is still partially under construction, but is already sending electrons to the grid. Less than 24 hours later, the Texas Public Policy Foundation, a conservative legal group tied to other lawsuits against offshore wind projects, filed a petition to the Interior Department requesting that it reconsider prior permits for Vineyard Wind and halt operations.
David Stevenson, a former Trump adviser who now works with the offshore wind opponent Caesar Rodney Institute, told me he thinks the Interior order laid out a pathway to reconsider approvals. “Many of us who have been plaintiffs in various lawsuits have suggested to the Secretary of the Interior that there are flaws, and the flaws are spelled out in the lawsuits to the permit process.”
Nick Krakoff, a senior attorney with the pro-climate action Conservation Law Foundation, had an identical view to Stevenson’s. “I’m certainly not aware of this ever being done before,” he told me, noting that the Biden administration paused new oil and gas leases but didn’t do a “systematic review” of a sector to find “ways to potentially undo prior permitting decisions.”
Democrats in Congress have finally started speaking up about this. Last week four Democrats — led by Martin Heinrich, the top Democrat on the Senate Energy and Natural Resources Committee — sent a letter to Interior Secretary Doug Burgum arguing that the secretarial orders would delay any decision related to renewable energy in general, “no matter how routine.” A Democratic staffer on the committee, who requested anonymity to speak candidly about the letter, told me privately that “fear is where this is headed.”
“They’re just building a record that will ultimately allow them to not approve future projects, and potentially deny projects that have already been approved,” the staffer said. ”They have all these new hoops they have to go through, and if they’re saying these things aren’t in the public interest, it’s not hard to see where they are going.”
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The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.