Minnesota News

U.S. judge rules Trump administration’s freeze on wind energy permits is unlawful

A wind turbine is seen
One of 39 wind turbines at the Stoneray Wind Project on Jan. 11, 2024, in rural Woodstock, Minn.
Jackson Forderer for MPR News

Green energy advocates in Minnesota are praising the ruling this week by a federal judge in Massachusetts declaring President Donald Trump’s executive order freezing new permits for wind energy projects “unlawful.” 

Back in May, Minnesota Attorney General Keith Ellison joined with 17 other attorneys general in filing a lawsuit against the Trump administration over the order, which Trump signed on his first day in office. It banned federal agencies from approving any new permits and loans for offshore and onshore wind energy projects.

The attorneys general argued the presidential memorandum violated the Administrative Procedure Act and other federal laws because it provided no reasoned explanation for categorically and indefinitely halting all wind energy approvals.

Many wind turbines stand in a cornfield
Wind turbines spin above cornfields at the Bent Tree Wind Farm near Hartland, Minn., on July 12, 2023.
Ben Hovland | MPR News

U.S. District Court Judge Patti B. Saris agreed and vacated Trump's order Monday, ruling that it was "arbitrary and capricious and contrary to law.”

Ellison said in a news release that he’s pleased with the ruling, adding that wind energy helps “keep energy costs as low as possible, help create good paying jobs, and combat climate change.”

Ellison said that new wind energy projects are an essential part of the effort to meet a state law requiring Minnesota utilities to generate all electricity from carbon-free sources by 2040. In 2023, Minnesota ranked eighth in the country for wind energy capacity. 

Elizabeth Wheeler, director of regulatory advocacy at the Clean Grid Energy Alliance, says they’re cautiously optimistic about the ruling.

“The court’s ruling is a positive signal that the courts will ensure that agencies will follow the law going forward,” Wheeler said. “But, there still are a number of barriers that are standing in the way of wind energy developments in Minnesota, in the Midwest and throughout the whole U.S.”

In January, President Trump’s order halted the federal permitting process for all wind energy projects that were awaiting review by various government agencies.

Wheeler says that there are still challenges despite the outcome of Monday’s ruling for wind projects.

“None of these actions are being done legislatively,” she said. “They’re all being done administratively, and so that’s part of the concern is that the administrative agencies are not processing permits the way that they’re required to under the law.”

A buffalo statue sits in front of the Wind turbine
A buffalo statue sits atop a hill near two wind turbines on Jan. 11, 2024, in rural Lake Wilson, Minn. The geographical area known as Buffalo Ridge sits higher and is optimal for wind turbines that rely on stronger winds.
Jackson Forderer for MPR News

In 2024, 25 percent of Minnesota’s electricity was generated by wind, according to the U.S. Energy Information Administration. Wind energy accounts for 76 percent of Minnesota’s renewable energy generation.

Wheeler says despite the ruling, she anticipates challenges ahead for energy developers.

“The culmination of a lot of these actions at the federal level are going to hinder our ability to get new, clean and reliable resources onto the grid,” she said. “Which has sort of cascading impacts, not only with our ability to meet a carbon free standard, but also with our ability to grow our economy.”

Minnesota has been investing heavily in green energy projects. About $1 billion in state funding was approved in 2023-2024 for clean energy, including upgrades to the state’s power grid. Minnesota also received $614 million in federal grants for transmission in late 2023 from the U.S. Department of Energy to deliver electricity from non-polluting sources.

The funds came from the Inflation Reduction Act and the Infrastructure Investment and Jobs Act, which were signed into law by former President Joe Biden.