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A letter from the Solar Energy Industries Association describes the administration’s “nearly complete moratorium on permitting.”

A major solar energy trade group now says the Trump administration is refusing to do even routine work to permit solar projects on private lands — and that the situation has become so dire for the industry, lawmakers discussing permitting reform in Congress should intervene.
The Solar Energy Industries Association on Thursday published a letter it sent to top congressional leaders of both parties asserting that a July memo from Interior Secretary Doug Burgum mandating “elevated” review for renewables project decisions instead resulted in “a nearly complete moratorium on permitting for any project in which the Department of Interior may play a role, on both federal and private land, no matter how minor.” The letter was signed by more than 140 solar companies, including large players EDF Power Solutions, RES, and VDE Americas.
The letter reinforces a theme underlying much of Heatmap’s coverage since the memo’s release — that the bureaucratic freeze against solar decision-making has stretched far beyond final permits to processes once considered ancillary. It also confirms that the enhanced review has jammed up offices outside Burgum’s purview, such as the Army Corps of Engineers, which oversees wetlands, water crossings, and tree removals, and requires Interior to sign off on actions through the interagency consultation process.
SEIA’s letter asserts that the impacts of Burgum’s memo stretch even to projects on private lands seeking Interior’s assistance to determine whether federally protected species are even present — meaning that regardless of whether endangered animals or flowers are there, companies are now taking on an outsized legal risk by moving forward with any kind of development.
After listing out these impacts in its letter, SEIA asked Congress to pressure Interior into revoking the July memo in its entirety. The trade group added there may be things Interior could do besides revoking the memo that would amount to “reasonable steps” in the “short-term to prevent unnecessary delays in energy development that is currently poised to help meet the growing energy demands of AI and other industries.” SEIA did not elaborate on what those actions would look like in its letter.
“Businesses need certainty in order to continue making investments in the United States to build out much-needed energy projects,” SEIA’s letter reads. “Certainty must include a review process that does not discriminate by energy source.” It concludes: “We urge Congress to keep fairness and certainty at the center of permitting negotiations.”
Notably, the letter arrived after American Clean Power — another major trade group representing renewable energy companies — backed a major GOP-authored permitting bill called the SPEED Act that is moving through the House. Although the bill has some bipartisan support from the most moderate wing of the House Democratic caucus, it has yet to win support from Democrats involved in bipartisan permitting talks, including Representative Scott Peters, who told me he’d back the bill only if Trump were prevented from stalling federal decision-making for renewable energy projects.
SEIA has deliberately set itself apart from ACP in this regard, telling me last week that it was neutral on the legislation as it stands. In a statement released with the letter to Congress, the trade group’s CEO, Abigail Ross Hopper, said that while “the solar industry values the continued bipartisan engagement on permitting reform, the SPEED Act, as passed out of committee, falls short of addressing this core problem: the ongoing permitting moratorium.”
“To be clear, there is no question we need permitting reform,” Hopper stated. “There is an agreement to be reached, and SEIA and our 1,200 member companies will continue our months-long effort to advocate for a deal that ensures equal treatment of all energy sources, because the current status of this blockade is unsustainable.”
In a statement to Heatmap News, Interior spokesperson Alyse Sharpe confirmed the agency is using its “current review process” on “federal resources, permits or consultations” related to solar projects on “federal, state or private lands.” “This policy strengthens accountability, prevents misuse of taxpayer-funded subsidies and upholds our commitment to restoring balance in energy development.” The agency declined to comment on SEIA’s request to Congress, though. “We don’t provide comment on correspondence to Congress regarding Interior issues via the media,” Sharpe said.
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The Secretary of the Interior said he “absolutely” planned to appeal a ruling that lifted blocks on wind and solar approvals.
The Trump administration is not backing down from its discriminatory policies for approving wind and solar projects. Interior Secretary Doug Burgum testified to Congress on Wednesday that his agency would appeal a recent district court ruling blocking it from enforcing these policies.
“We reject the whole premise,” Burgum said during a House Natural Resources Committee hearing.
Since Trump took office, the Interior Department has issued a series of memos and secretarial orders that systematically disadvantage wind and solar projects. Last July, it issued a memo requiring that nearly all approvals in the wind and solar permitting process be subject to additional reviews by the secretary’s office. A subsequent order required the agency to prioritize permitting projects with greater energy density, meaning ones that produce more power per acre of land, and deemed wind and solar “highly inefficient” compared with coal, nuclear, and natural gas projects.
The policies amounted to an effective freeze on wind and solar development on public lands, while also stalling projects on private lands that require federal consultations, affecting hundreds of clean energy projects. By the end of last year, Democrats saw no point in negotiating on permitting reform if the executive branch could simply make up its own permitting rules. They insisted on limits to executive power before they’d agree to a deal.
Around the same time, a coalition of clean energy groups, including the Clean Grid Alliance, Alliance for Clean Energy New York, and the Southern Renewable Energy Association, challenged the agency’s actions in the U.S. District court for the District of Massachusetts. The Interior’s permitting policies “place wind and solar technologies into second-class status without providing any rational justification for such disparate treatment or drastic policy shifts — unlawfully picking winners and losers among energy sources, contrary to Congress’ intent,” the lawsuit claimed. The groups argued the policies were arbitrary and capricious, in violation of the Administrative Procedures Act. In April, Judge Denise Casper sided with the plaintiffs, putting a temporary injunction on the agency’s wind and solar-hobbling memos.
During Wednesday’s hearing, Representative Susie Lee of Nevada told Burgum that his policies have “created a total permitting mess” in her sunny home state, and asked him what the immediate impact of the court’s order was within his agency. When Burgum responded by denigrating the judge’s decision, Lee asked if he was planning to appeal the order.
“Yeah, absolutely,” he said, asserting that “the idea that a single judge could decide” how the agency conducts permitting “is absurd.”
At the end of her questioning, Lee reaffirmed that the July 15 memo was the single thing stalling a permitting reform deal in Congress. “If you would just rescind that memo, we could get permitting reform passed this Congress, and we can start to talk about permitting all forms of energy.”
Later in the hearing, Burgum also defended another of the administration’s controversial actions regarding renewables. California Representative Dave Min questioned Burgum on his deal to pay the French energy company Total nearly $1 billion to walk away from its offshore wind leases. Was that an appropriate use of money, Min asked, considering so many Americans were struggling with high energy bills? Burgum rejected the premise, asserting several times that the agency merely “refunded” Total’s money.
The state has terminated an agreement to develop substations and other necessary grid infrastructure to serve the now-canceled developments.
Crucial transmission for future offshore wind energy in New Jersey is scrapped for now.
The New Jersey Board of Public Utilities on Wednesday canceled the agreement it reached with PJM Interconnection in 2021 to develop wires and substations necessary to send electricity generated by offshore wind across the state. The board terminated this agreement because much of New Jersey’s expected offshore wind capacity has either been canceled by developers or indefinitely stalled by President Donald Trump, including the now-scrapped TotalEnergies projects scrubbed in a settlement with his administration.
“New Jersey is now facing a situation in which there will be no identified, large-scale in-state generation projects under active development that can make use of [the agreement] on the timeline the state and PJM initially envisioned,” the board wrote in a letter to PJM requesting termination of the agreement.
Wind energy backers are not taking this lying down. “We cannot fault the Sherrill Administration for making this decision today, but this must only be a temporary setback,” Robert Freudenberg of the New Jersey and New York-focused environmental advocacy group Regional Plan Association, said in a statement released after the agreement was canceled.
I chronicled the fight over this specific transmission infrastructure before Trump 2.0 entered office and the White House went nuclear on offshore wind. Known as the Larrabee Pre-Built Infrastructure, the proposed BPU-backed network of lines and electrical equipment resulted from years of environmental and sociological study. It was intended to connect wind projects in the Atlantic Ocean to key points on the overall grid onshore.
Activists opposed to putting turbines in the ocean saw stopping the wires as a strategy for delaying the overall construction timelines for offshore wind, intensifying both the costs and permitting headaches for all state and development stakeholders involved. Some of those fighting the wires did so based on fears that electromagnetic radiation from the transmission lines would make them sick.
The only question mark remaining is whether this means the state will try to still proceed with building any of the transmission given rising electricity demand and if these plans may be revisited at a later date. The board’s letter to PJM nods to the future, asserting that new “alternative pathways to coordinated transmission” exist because of new guidance from the Federal Energy Regulatory Commission. These pathways “may serve” future offshore wind projects should they be pursued, stated the letter.
Of course, anything related to offshore wind will still be conditional on the White House.
The opinion covered a host of actions the administration has taken to slow or halt renewables development.
A federal court seems to have struck down a swath of Trump administration moves to paralyze solar and wind permits.
U.S. District Judge Denise Casper on Tuesday enjoined a raft of actions by the Trump administration that delayed federal renewable energy permits, granting a request submitted by regional trade groups. The plaintiffs argued that tactics employed by various executive branch agencies to stall permits violated the Administrative Procedures Act. Casper — an Obama appointee — agreed in a 73-page opinion, asserting that the APA challenge was likely to succeed on the merits.
The ruling is a potentially fatal blow to five key methods the Trump administration has used to stymie federal renewable energy permitting. It appears to strike down the Interior Department memo requiring sign-off from Interior Secretary Doug Burgum on all major approvals, as well as instructions that the Interior and the Army Corps of Engineers prioritize “energy dense” projects in ways likely to benefit fossil fuels. Also struck down: a ban on access to a Fish and Wildlife Service species database and an Interior legal opinion targeting offshore wind leases.
Casper found a litany of reasons the five actions may have violated the Administrative Procedures Act. For example, the memo mandating political reviews was “a significant departure from [Interior] precedent,” and therefore “required a ‘more detailed justification’ than that needed for merely implementing a new policy.” The “energy density” permitting rubric, meanwhile, “conflicts” with federal laws governing federal energy leases so it likely violated the APA, the judge wrote.
What’s next is anyone’s guess. Some cynical readers may wonder whether the Supreme Court will just lift the preliminary injunction at the administration’s request. It’s worth noting Casper had the High Court’s penchant for neutralizing preliminary injunctions in mind, writing in her opinion, “The Court concludes that the scope of this requested injunctive relief is appropriate and consistent with the Supreme Court’s limitations on nationwide injunctions.”