Federal Court Clears Path for Renewable Energy Projects Amid Permitting Bottlenecks
The Trump Administration has moved aggressively to slow renewable energy development. Since January 2025, it has issued executive orders and memoranda aimed at wind and solar projects.
A key example is the U.S. Department of the Interior’s (“DOI”) July 15, 2025 memorandum, “Departmental Review Procedures for Decisions, Actions, Consultations, and Other Undertakings Related to Wind and Solar Energy Facilities” (the “Departmental Review Memo”), which routes wind and solar decisions through multiple layers of headquarters review (Executive Secretariat, Deputy Secretary, then Secretary).
This added review affects not only projects on federal land, but also private projects that need federal approvals, such as transmission authorizations, consultations regarding cultural or biological resources, Clean Water Act Section 404 permits, and incidental take permits under the Endangered Species Act or Migratory Bird Treaty Act.
After the Departmental Review Memo, other agencies added constraints. In July 2025, the U.S. Fish and Wildlife Service (“FWS”) barred wind and solar projects from using the IPaC website, a project-planning tool that streamlines FWS review. DOI also issued additional procedures and, on August 1, 2025, Secretarial Order No. 3438, “Managing Federal Energy Resources and Protecting the Environment,” restricted the DOI’s ability to approve project’s based on a project’s “capacity density.” On September 18, 2025, the U.S. Army Corps of Engineers (“USACE”) directed prioritization of Clean Water Act and Rivers and Harbors Act permits for projects with higher capacity densities.
Together, these measures delayed permitting and put hundreds of wind and solar projects at risk nationwide.
Several renewable energy trade organizations and advocacy groups, including RENEW Northeast, the Green Energy Consumers Alliance, Inc., Renewable Northwest, and the Clean Grid Alliance, sought to block these actions (and a prior memo pausing offshore wind) via a preliminary injunction, pending the outcome of litigation challenging the legality of these actions.
On April 21, 2026, the U.S. District Court for the District of Massachusetts granted the preliminary injunction, finding plaintiffs likely to succeed on the merits and recognizing the significant harm these policies have imposed on the renewable sector.
The ruling is particularly important given the broader federal policy landscape. As the One Big Beautiful Bill (Pub. L. No. 119-21 (July 4, 2025) passed last year phases out tax credits for wind, solar, and other renewable energy sources, for projects that need to begin construction quickly to qualify for these expiring credits, there is now a clearer path to obtaining necessary federal approvals. Projects that were stalled awaiting DOI approval should be able to proceed through normal agency review channels.
Because the injunction is preliminary, the government may appeal, and permitting uncertainty will continue in the near term. Still, the order is a meaningful early signal for challengers. It is also important to note that, while the injunction removes the elevated review bottleneck, it does not change underlying permitting requirements, so compliance with all applicable environmental review, consultation and permitting obligations remain.
CEC will continue to track developments and share updates as they emerge.