Published on Thursday, July 16, 2026
Attorney General Peter F. Neronha today joined a coalition of 18 attorneys general in moving to intervene in a lawsuit 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, thereby blocking wind energy development nationwide.
“Obstructing the development of wind energy will lead to higher costs for consumers; there’s no way around it, said Attorney General Neronha. “This Administration’s obsession with hindering the implementation of clean energy infrastructure is rooted in their belief that doing so is politically beneficial to them. The truth remains that without the development of clean, renewable energy resources, Americans can continue to expect energy instability and fluctuating prices. I believe Americans are largely ready to embrace clean, affordable energy solutions to curb the harmful effects of climate change and the increasingly volatile costs of fossil fuels. And we will fight to ensure that our progress is not lost because of the unlawful whims of this federal government.”
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 engaging in 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 have already completed mitigation negotiations and are awaiting only final DoD approval.
In Rhode Island, this freeze on wind development will reduce the amount of wind energy added to the grid in NE-ISO and New York, which will drive up the cost of electricity for Rhode Island consumers and threaten grid reliability by constraining supply during a period of growing demand for electricity.
The coalition argues 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. They are asking the court to require the agency to resume reviewing and approving land-based wind projects.
Joining Attorney General Neronha in intervening in this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and the District of Columbia.
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