Attorney General Phil Weiser intervenes to protect onshore wind energy projects

July 16, 2026 (DENVER) – Attorney General Phil Weiser today joined a coalition of 19 attorneys general in moving to intervene in a lawsuit against the U.S. Department of Defense and Secretary Pete Hegseth for unlawfully freezing routine reviews of land-based wind energy projects across the country.

Federal law requires the DOD to review proposed wind projects for potential national security concerns and work with developers to address any issues. In August 2025, the DOD stopped moving projects through this process, blocking wind energy development nationwide. Attorney General Weiser and the coalition are asking the court to set aside the DOD’s unlawful freeze and order the department to resume the review process required by federal law.

“Wind energy is a critical part of Colorado’s clean energy future. The defense secretary and the DOD are carrying out the president’s war on wind and have disregarded their statutory responsibility to work with project developers to advance these projects in a safe manner that protects our national security interests. The success of wind power in Colorado demonstrates that these interests can be successfully balanced. DOD’s freeze is simply another attempt to unlawfully interfere with the deployment of renewable energy,” said Attorney General Weiser.

Under federal law, land-based wind project developers must submit any proposed projects with wind turbines over 200 feet tall—which includes all utility-scale wind developments—to the Federal Aviation Administration for review. The FAA then refers these projects to the DOD to assess whether they could affect military operations, radar systems, flight paths, or national security. For more than a decade, the DOD engaged in a predictable review process and worked with developers to mitigate potential concerns. Mitigation measures often included changes to turbine placement or height, radar upgrades, or agreements to pause generation under certain circumstances.

In August 2025, DOD abruptly stopped following this process. Officials ceased countersigning mitigation agreements, stopped sending completed agreements to developers for signature, and delayed or halted communications with developers about mitigation. As a result, wind projects across the country have been frozen at various stages of the review process, including those that had already completed mitigation negotiations and were awaiting only final DOD approval.

Continued installation of wind energy is essential for Colorado to achieve its goal for 100% net reduction in statewide greenhouse gas pollution by 2050. In 2024, wind power accounted for 29% of the state’s total energy generation and 67% of renewable generation in Colorado. But the freeze on wind energy projects is impeding Colorado’s ability to reach its clean energy and greenhouse gas reduction targets. Multiple wind projects in Colorado, including the 500-megawatt Towner Wind Energy II Project in Kiowa County, are being held up by the wind freeze. Across the state, at least $2.687 billion of private investment and 7,124 jobs are at risk, according to the original industry plaintiffs that filed the lawsuit against the DOD.

The states argue that DOD’s freeze is unlawful, arbitrary and capricious, and violates the Administrative Procedure Act. The department has not provided a reasonable explanation for its sudden change in policy, accounted for the harm to states, developers, workers, and ratepayers, or considered the major investments made in reliance on its longstanding review process.

The coalition also argues that DOD’s refusal to act is causing unreasonable delay and undermining Congress’ directive that the department balance national security concerns with the responsible development of renewable energy. They are asking the court to require the agency to resume reviewing and approving land-based wind projects.

Joining Attorney General Weiser in intervening in this lawsuit are the attorneys general of Arizona, California, Connecticut, Delaware, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, and the District of Columbia.

Read a copy of the proposed complaint-in-intervention (PDF).

Read a copy of the motion to intervene by the states (PDF).

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Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office
lawrence.pacheco@coag.gov