Michigan Attorney General Dana Nessel has joined a coalition of 19 attorneys general in a legal motion to intervene in a lawsuit against the U.S. Department of Defense and Secretary Pete Hegseth regarding the processing of land-based wind energy projects.
The coalition is requesting a federal court to lift a Department of Defense policy enacted in August 2025 that paused routine reviews of proposed wind developments. Under federal law, the Department of Defense is required to evaluate whether onshore wind projects present potential national security risks and to collaborate with developers on adjustments if concerns arise.
“With no rationale of any kind, the Trump administration has weaponized a routine federal review process in order to stall clean wind energy projects,” Nessel said in a statement. “It is an obvious favor to the President’s Big Oil donors, all at the expense of cleaner air, thousands of Michigan jobs, and over half a billion dollars in private investment in our state. When the federal government tramples on the rule of law and actively harms our communities, I will not hesitate in continuing to defend Michigan residents from this administration’s unlawful policies.”
Federal regulations dictate that developers must submit plans for wind turbines taller than 200 feet to the Federal Aviation Administration.
The aviation agency then refers the proposals to the Department of Defense to check for potential conflicts with military operations, radar systems, or flight paths. For more than a decade, this process typically involved establishing mitigation strategies, such as modifying turbine height or placement, upgrading radar technology, or reaching agreements to halt power generation during specific military exercises.
According to the legal filing, the Department of Defense altered its procedure in August 2025 by halting the signature of mitigation agreements, delaying communications, and stopping final project approvals, including for projects that had already completed negotiations.
The coalition argues the review freeze violates the Administrative Procedure Act, asserting that the department implemented the change without a formal explanation, an assessment of the economic impact on states and workers, or consideration of long-standing regulatory precedents. The motion states that the delays impede Congress’s directive to balance national security needs with renewable energy development.
In Michigan, the state reports that the suspension affects at least $507 million in private investments and more than 1,100 jobs tied to wind developments. State officials also indicated the freeze could affect the ability of Michigan utilities to meet statutory mandates for renewable and clean energy generation.
The legal action was joined by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Massachusetts, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Washington, and Wisconsin.
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