Ore. Judge Says DOD Wind Project Blockage Was Unlawful, Law360

Morgan Lewis secured a significant win for wind energy developers and industry groups challenging the US Department of Defense’s (DOD’s) freeze on the review of proposed wind energy projects, with partners Jennifer Trock, Ella Foley Gannon, and Douglas Hastings and of counsel Michael Giaquinto representing the plaintiffs.

As reported by Law360, the US District Court for the District of Oregon halted the DOD’s review freeze, finding that the plaintiffs are likely to succeed in showing that the agency unlawfully failed to comply with statutory and regulatory deadlines governing its review of wind projects for potential impacts on military operations and readiness. Nearly 20 states also moved to intervene in the case, arguing that the freeze hinders their ability to implement state energy policies.

The court rejected the DOD’s jurisdictional and other threshold arguments and found that the plaintiffs had challenged a discrete, final agency action. The ruling requires the DOD to provide status reports every 30 days addressing whether its review of wind energy projects has resumed.

Read the full Law360 article >>

Read additional coverage:

• US Judge Orders Pentagon to Lift Wind Project Freeze, Reuters
• US Court Orders Lifting of Trump’s Freeze on Wind Projects, Bloomberg
• Federal Judge Orders Pentagon to Lift Freeze on Wind Power, The New York Times
• Court Deals Setback to Trump’s War on Wind as Pentagon is Ordered to Review Projects, The Washington Post
• Federal Judge in Oregon Signals Defense Department Violated Law with Freeze of Wind-Energy Project Reviews, The Oregonian
• Rejecting National Security Claims, Court Blocks DOD Wind Projects Pause, Inside EPA
• Judge Orders Pentagon to Resume Wind Energy Project Reviews, Stateline