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The American wind industry faces a potentially existential threat.
President Trump’s executive order halting permits and leases for wind projects is starting to look like a potential existential threat to the industry’s future. Just don’t expect everyone to say it out loud.
On Monday, Trump issued an order pausing new federal approvals for wind projects, pending a “comprehensive assessment” of permitting practices, while opening the door to a review of existing leases and previously-issued permits subject to litigation. In the days following the order, lawyers, industry trade representatives, and professionals who work for renewable energy developers explained to me how this could impact essentially any wind project, even ones not sited on federal lands. Wind projects are just so large and impactfulthat it’s hard to avoid a federal permit.
Jason Grumet, CEO of the American Clean Power Association, told me Wednesday afternoon that a pause on federal permits would impact “probably more than half” of all wind projects under development in the U.S.
“If in fact the federal government stops issuing approvals, a significant amount of the pipeline would be interrupted,” Grumet said.
Given the high costs associated with building a wind project, and the likelihood of tariffs making that situation worse, the uncertainty produced by a potential halt to permits may also be enough to cause developers to pull the plug on projects – because even if the order itself winds up tossed out in court, that could take years.
As one renewable energy professional told me anonymously, for fear of reprisal, “If we say, well we probably have the right to do this but we have to sue the government to enforce that right, it’s probably only going to get the [project] deal done 40% of the time now.” He concluded: “It’s definitely going to chill investment.”
It’s early days, and Grumet of ACP says he’s holding out hope that the new president can be walked back from the brink. He’s focusing on the possibility that people in the administration including Trump’s picks to run the Interior and Energy Departments – Doug Burgum and Chris Wright – are willing to listen and potentially help walk back a complete and total permitting shutdown.
When asked however if suing the administration may be required, Grumet said it’s a hypothetical that could come true in the worst case scenarios.
“We’re taking it seriously. But the idea that you would have a pro-business administration trying to stop private companies from taking economically appropriate action on private land is just so out of step with the role of government that we’re expecting they’re going to clarify their intent.”
Trump’s executive order is so far-reaching because wind projects regularly need federal permits and other authorizations, even if they’re sited on private or state lands.
A commonly cited federal nexus is endangered species. Opponents of wind energy have long criticized turbines for being a potential threat to birds, but it is the case that many wind projects are collocated within or near areas for rare bird migration. Cultural heritage impacts can often also be a difficulty.
One major threat I’ve been hearing about from many in the industry flew out of left field: the Federal Aviation Administration often must clear wind projects for construction. Matt Eisenson, an expert in renewables permitting at the Columbia University Sabin Center for Climate Change Law, told me FAA approvals are required “very frequently” for wind projects because any land structure more than 200 feet tall must be approved to not be a hazard for commercial planes. And while the order didn’t cite the FAA specifically, it instructed all “relevant agencies” to wind permitting stop giving approvals related to projects, opening the door to aviation-related clearances idling on a procedural tarmac.
“It’s hard to avoid it if you’ve got anything sizable,” an attorney who works in the renewable energy industry told me, adding the total scope of impact is still unknown: “There’s nobody you could talk to who could have nearly all the answers [about Trump’s order]. And that includes developers and companies, because they don’t know either.” (It’s worth noting no industry attorney would be willing to go on the record with me because of ongoing impacts to clients.)
Then there’s the existing leases and permits. It’s easy to assume that a permit issued is a permit safe, and the Biden administration quickly rushed approvals for many wind projects, onshore and offshore, in the final days before Trump’s inauguration.
But the order left open a process to challenge existing approvals through litigation. In the offshore wind space, we’re already seeing public requests for Trump to review the leases for the MarWin project off the coast of Maryland and Delaware, and Atlantic Shores off the coast of New Jersey.
Paul Kamenar, a lawyer involved in a suit challenging Dominion Energy’s Coastal Virginia offshore wind project, says we can expect the same in his case. Kamenar is with the National Legal and Policy Center, which joined with the Heartland Institute and anti-wind group CFACT to sue the government for approving Coastal Virginia, claiming it did not consider the cumulative impacts of building the project on endangered whales.
Kamenar told me he believes the order shows Trump’s team is sympathetic to the arguments raised in the case, and he’s planning to file a request for the federal government to reconsider its permits and leasing for the project as soon as next week. Kamenar said the order provides avenues for similar challenges to many other projects.
“I think this affects all the onshore and offshore wind projects,” Kamenar said. “Some more than others. But if I were the energy company, I would be loath to continue going forward until I got clarification.”
Eisenson at Columbia told me the executive order “opened the door” to a massive range of new potential hurdles for wind development. He sees legal vulnerabilities in the executive order because there’s a history in recent case law surrounding Biden’s pauses on federal oil and gas leasing. But that’s cold comfort for an industry with such high capital costs that it describes low interest rates as its “fuel.”
“This could have a major chilling impact,” Eisenson said. “Even if the EO is unlawful, it could take years in court to invalidate an unlawful decision.”
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The Trump administration is now being lobbied to nix offshore wind projects already under construction.
Anti-wind activists have joined with well-connected figures in conservative legal and energy circles to privately lobby the Trump administration to undo permitting decisions by the National Oceanic and Atmospheric Administration, according to documents obtained by Heatmap.
Representatives of conservative think tanks and legal nonprofits — including the Caesar Rodney Institute, the Heartland Institute and Committee for a Constructive Tomorrow, or CFACT — sent a letter to Interior Secretary Doug Burgum dated February 11 requesting that the Trump administration “immediately revoke” letters from NOAA to 11 offshore wind projects authorizing “incidental takes,” a term of regulatory art referencing accidental and permissible harassment, injury, or potential deaths under federal endangered species and mammal protection laws. The letter lays out a number of perceived issues with how those approvals have historically been issued for offshore wind companies and claims the government has improperly analyzed the cumulative effects of adding offshore wind to the ocean’s existing industrialization. NOAA oversees marine species protection.
The letter also requested “an immediate cession of construction” at four offshore wind projects with federal approvals that have begun construction: Dominion Energy’s Coastal Virginia offshore wind project, Copenhagen Infrastructure Partners’ Vineyard Wind 1, and Ørsted’s Revolution Wind and Sunrise Wind projects.
“It is with a sense of real urgency we write you today,” the letter states, referencing Trump’s executive order targeting the offshore wind industry to ask that he go further. “[E]leven projects have already received approvals with four of those under construction. Leasing and permitting will be reviewed for these approved projects but may take time.”
I obtained the letter from Paul Kamenar, a longtime attorney in conservative legal circles currently with the D.C.-based National Legal and Policy Center, who told me the letter had been sent to the department this week. Kamenar is one of multiple attorneys involved in a lawsuit filed last year by Heartland and CFACT challenging permits for Dominion’s Coastal Virginia project over alleged potential impacts to the endangered North Atlantic right whale. We reported earlier this week that the government signaled in proceedings for that case it will review approvals for Coastal Virginia, the first indication that previous permits issued for offshore wind could be vulnerable to the Trump effect.
Kamenar described the request to Burgum as “a coalition letter,” and told me that “the new secretary there is sympathetic” to their complaints about offshore wind permits. “We’re hoping that this letter will basically reverse the letter[s] of authorizations, or have the agency go back,” Kamenar said, adding a message for Dominion and other developers implicated by the letter: “Just because the company has the approval doesn’t mean it’s all systems go.”
The Interior Department does not directly oversee NOAA – that’s the Commerce Department. But it does control the Bureau of Ocean Energy Management, which ultimately regulates all offshore wind development and issues final approvals.
Interior did not immediately respond to a request for comment on the letter.
Some signees of the document are part of a constellation of influential figures in the anti-renewables movement whose voices have been magnified in the new administration.
One of the letter’s two lead signatories is David Stevenson, director of the Center for Energy and Environmental Policy at the Caesar Rodney Institute, an organization involved in legal battles against offshore wind projects under development in the Mid-Atlantic. The Institute says on its website it is a member of the State Policy Network, a broad constellation of think tanks, legal advocacy groups, and nonprofits.
Multiple activists who signed onto the letter work with the Save Right Whales Coalition, a network of local organizations and activists. Coalition members have appeared with Republican lawmakers at field hearings and rallies over the past few years attacking offshore wind. They became especially influential in GOP politics after being featured in a film by outspoken renewables critic and famous liberal-turned-conservative Michael Shellenberger, who is himself involved in the Coalition. His film, Thrown to the Wind, blew up in right-wing media circles because it claimed to correlate whale deaths with offshore wind development.
When asked if the Coalition was formally involved in this request of the administration, Lisa Linowes, a co-founder of the Coalition, replied in an email: “The Coalition was not a signer of the request.”
One cosigner sure to turn heads: John Droz, a pioneer in the anti-wind activist movement who for years has given talks and offered roadmaps on how best to stop renewables projects.
The letter also includes an endorsement from Mandy Davis, who was involved with the draft anti-wind executive order we told you was sent to the Trump transition team before inauguration. CFACT also co-signed that draft order when it was transmitted to the transition team, according to correspondence reviewed by Heatmap.
Most of the signatories to the letter list their locations. Many of the individuals unrelated to bigger organizations list their locations as in Delaware or Maryland. Only a few signatories on the letter have locations in other states dealing with offshore wind projects.
On its face, this letter represents a new stage of Trump’s war on offshore wind.
Yes, he has frozen leasing, along with most permitting activity and even public meetings related to pending projects. But the president’s executive order targeting offshore wind opened the door to rescinding leases and previous permits. Doing so would produce new, costly legal battles for developers and for publicly-regulated utilities, ratepayers. Over the past few weeks, offshore wind developers with projects that got their permits under Biden have sought to reassure investors that at least they’ll be fine.
If this new request is heeded, that calm will subside.
Beyond that, reversing these authorizations could represent a scandal for scientific integrity at NOAA – or at least NOAA’s Fisheries division, the National Marine Fisheries Service. Heeding the letter’s requests would mean revisiting the findings of career scientists for what developers may argue are purely political reasons, or at minimum arbitrary ones.
This wouldn’t be the first time something like this has happened under Trump. In 2020, I used public records to prove that plans by career NOAA Fisheries employees to protect endangered whales from oil and gas exploration in the Atlantic were watered down after a political review. At the time, Democratic Representative Jared Huffman — now the top Democrat on the House Natural Resources Committee — told me that my reporting was evidence of potential scientific integrity issues at NOAA and represented “blatant scientific and environmental malpractice at the highest order.”
It’s worth emphasizing how much this mattered, not just for science but literally in court, as the decision to allow more seismic testing for oil under Trump was challenged at the time on the grounds that it was made arbitrarily.
Peter Corkeron, a former NOAA scientist with expertise researching the North Atlantic right whale, reviewed the letter to Burgum and told me in an email that essentially, the anti-offshore wind movement is exploiting similar arguments made by conservationists about issues with the federal government’s protection of the species to target this sector. The federal regulator has for many years faced the ire of conservation activists, who’ve said it does not go far enough to protect endangered species from more longstanding threats like fishing and vessel strikes.
If NOAA were to bow to this request, Corkeron wrote, he would interpret that as the agency’s failure to fully protect the species in good faith instead becoming “suborned by the hydrocarbon exploitation industry as a way of eliminating a competing form of energy production that should, in time, prove more beneficial for whales than what we’re currently doing.”
“The point on cumulative impacts is, on face value, fair,” he said. “The problem is its lack of context. Cumulative impacts on North Atlantic right whales from offshore wind are possible. However, in the context of the cumulative impacts of the shipping (vessel strike kills, noise pollution), and fishing (death, maiming, failure to breed) industries, they’ll be insignificant. Because NOAA has never clearly set out to address ways to offset other impacts while developing the offshore wind industry, these additive impacts place a burden on this new industry in ways that existing, and more damaging, industries don’t have to address.”
CFACT responded to a request for comment by sending me a press release with the letter attached that was not publicly available, and did not respond to the climate criticisms by press time. David Stevenson of the Caesar Rodney Institute sent me a statement criticizing offshore wind energy and questioning its ability to “lower global emissions.”
“The goal is to pause construction until everything is reviewed,” Stevenson said. When asked if there was an outcome where a review led to projects being built, he said no, calling offshore wind an “environmental wrecking ball.”
Well, we’ll soon find out what the real wrecking ball is.
And more of the week’s biggest conflicts around renewable energy.
1. Monterey County, California – The Moss Landing battery fire is now the big renewables PR crisis we should all be watching, even with Trump 2.0 going on.
2. Portage County, Wisconsin – Doral Renewables’ Vista Sands solar project is facing a prolonged legal fight with the Wisconsin Wildlife Federation, a state outdoor recreation and wildlife advocacy group. At the center of the conflict is a bird that’s long bedeviled developers of all stripes: the greater prairie chicken.
3. Santa Fe County, New Mexico – Energy developer AES got a green light for its Rancho Viejo solar-plus-battery project, prevailing for now over an organized opposition campaign.
Here’s what else I’m watching…
In New York, a NineDot BESS project is the latest scene of the Staten Island battery backlash, while Yonkers extended its battery moratorium.
In Indiana, one county — Pulaski — has moved forward with plans to ban BESS, even though, according to media reports, no projects are proposed there.
In Ohio, tempers remain hot over Open Road Renewables’ Grange Solar project, which will face an Ohio Power Siting Board public comment meeting next month.
In North Carolina, a NextEra utility-scale solar project was approved by county regulators, but …
In Oklahoma, a different NextEra utility-scale solar project was rejected by county regulators.
In Wyoming, one county board of commissioners apparently gave EG Haystack Solar, the developer behind a proposed large-scale solar farm, an absolute grilling over a project it wound up rejecting. Read the full account here.
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A look at the biggest news around renewable energy policy this week.
1. The anti-renewable locavore – Republican lawmakers are aiming to empower localities to block renewables projects, a similar scene to what’s played out in Ohio, where state legislators gave towns the power to have a final word on development instead of state-led entities.
2. Sgamma thoughts – Trump selected Kathleen Sgamma, head of the pro-oil Western Energy Alliance, to head the Bureau of Land Management. What does this mean for renewables developers? It’s hard to tell because so much of her time was spent on a single mission: liberating as much oil from the ground as possible.
3. Contract law challenge – The Trump administration’s funding freezes are challenging the foundations of the compact between private industry and contracted government services. If you haven’t read it yet, I implore you to scroll through my colleague Robinson Meyer’s new article on the issue.
Here’s what else I’m watching…
In California, Democratic legislators have introduced a bill that would ensure the state keeps studying offshore wind port infrastructure despite Trump’s permitting freeze.
In Maryland, lawmakers are trying to move permitting legislation under the banner of lowering utility bills.