The Trump administration can’t continue blocking all wind energy projects. That’s what a federal judge in Oregon ruled Aug. 6.
U.S. District Court Judge Karin Immergut issued a preliminary injunction in a lawsuit filed in May by wind energy developers. The suit was joined by 19 state attorneys general.
Under a 2011 federal law, before utility-scale wind turbines can be installed, the Department of Defense is supposed to certify that they won’t affect radar systems or flight paths — or if they do, to let project developers know what changes are needed. Up to now the reviews and approvals have always been routine and took two to three months on average, with maximum timelines spelled out by law and federal regulation. But starting August 2025, the Pentagon slowed and then stopped processing applications. As a result, more than 106 wind projects totaling 30 gigawatts are in limbo along with work for an estimated 29,000 construction workers. That includes more than $1 billion of work at three wind projects east of The Dalles, Oregon, that would employ thousands of construction workers.
In their lawsuit, Renewable Northwest and 19 other wind project developers estimated that the freeze has already cost $2 billion in damages due to increased financing costs and delayed revenues.
Immergut agreed that the Pentagon’s freeze was arbitrary and capricious, violating both the law and Congress’ intent — to facilitate wind project development while mitigating impacts to national defense. Immergut ordered the Pentagon to halt the freeze in processing applications, and provide status reports to the court every 30 days detailing the extent to which review of wind projects has resumed.
The ruling was cause for celebration in union circles.
“We were really really happy that it turned out how it did,” said Portland labor attorney Dan Hutzenbiler. Hutzenbiler was one of two attorneys named on an amicus brief filed by a coalition of labor organizations. The coalition, Climate Jobs National Resource Center, is the national parent body for state coalitions like Climate Jobs Oregon, which includes the state AFL-CIO and building trades council and six Oregon building trades unions.
According to the amicus brief, building trades unions in Oregon and elsewhere have committed substantial resources to train the skilled workforce needed to build and maintain wind farms. For example, members of Iron Workers Local 29 get green energy and wind energy specific training in their second and fourth years of apprenticeship. And Operating Engineers Local 701 provides post-journeyman training to crane operators on how to operate the exceptionally large cranes used in windmill construction. To have those projects frozen wastes that training investment and threatens the livelihoods of union building trades workers, according to the brief.
For example, Local 701 expected to place approximately 255-275 operating engineers on wind projects that were frozen. Wind projects employ construction workers in site preparation, excavation, concrete and foundation work, steel fabrication and erection, electrical installation, crane operation, transportation logistics, transmission construction, substation work, and in turbine inspection, assembly, installation, commissioning, operations, and long-term maintenance.
Hutzenbiler said the government has 30 days to appeal the order for an injunction. “Knowing these folks, I’d be surprised if they didn’t,” Hutzenbiler said.
