Publication
Nationwide Preliminary Injunction Ordering Department of Defense to Resume Review of Wind Energy Projects
On August 6, 2026, the U.S. District Court for the District of Oregon granted a preliminary injunction in Renewable Northwest v. Hegseth, Case No. 3:26-cv-01092-IM, ordering the Department of Defense (DoD) to resume processing wind energy project applications under the existing statutory and regulatory framework and staying DoD’s review freeze pending final adjudication on the merits.
Background
In 2011, Congress created the Military Aviation and Installation Assurance Siting Clearinghouse (Clearinghouse) within DoD to review wind energy projects that might affect military operations. When a wind project developer files an application with the Federal Aviation Administration (FAA), the FAA refers it to DoD to determine whether the project poses an “unacceptable risk to the national security.”
DoD follows a multistep review process with specific deadlines. If DoD identifies an unacceptable risk, it issues a “notice of presumed risk,” and the applicant then works with the Clearinghouse’s Mission Review Team (MRT) to develop mitigation measures. If successful, both parties sign a mitigation agreement, which clears the project to proceed through further FAA review.
Starting in August 2025, DoD incrementally halted wind energy application processing. On May 7, 2026, DoD froze review of all energy projects.
On May 31, 2026, renewable energy trade associations and environmental groups sued DoD in Oregon federal court, claiming DoD’s freeze constituted unlawful final agency action because it was “not in accordance with law” and the action was an unlawful withholding or delay.
Preliminary Injunction
The court stayed DoD’s review freeze nationwide by applying the injunction to all pending wind energy applications and ordered DoD to file monthly status reports. The court concluded that plaintiffs were likely to succeed on the merits because DoD violated mandatory deadlines and unlawfully withheld required agency action.
Practical Takeaways
This preliminary injunction marks a significant, but interim, victory for the wind energy industry. The merits of the claims remain to be decided, and DoD retains the option to appeal to the Ninth Circuit or seek a stay pending appeal.
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