Trump Administration Uses Reported Processing Delays to Attempt to Halt Wind Generation

While the federal government has not taken a formal policy action, it has halted the process it uses to assess the impact of wind energy turbines on air traffic and military readiness amounting to a “de facto moratorium” on new land-based wind energy development, according to a clean energy industry group. Previously, the FAA had been issuing “Determinations of No Hazard” (DNHs) to projects without significant impacts, and the Department had been negotiating mitigation agreements for many other projects. Now, issuance of those determinations and agreements has reportedly stopped. 

The FAA Review Process 

Under federal regulations, developers seeking to build structures greater than 200 feet tall, such as wind turbines, must notify the FAA. Based on the height and location of the project, the FAA may be required to conduct a study to determine if the project would interfere with air traffic, air navigation, or military readiness. If a project does not have significant impact, the FAA issues a DNH. 

As part of the FAA’s study process, the Department evaluates a project’s impact on national security. Previously, the Department had negotiated mitigation agreements, requiring developers to pay tens of thousands of dollars where the Department determined that a project had the potential to interfere with military radar. 

Recent Developments 

The Department stopped signing mitigation agreements last summer, an industry group has said. In February, it stopped sending out new draft mitigation agreements, and in the last month, reportedly cancelled meetings on projects. In recent weeks, the FAA has also stopped issuing DNHs. More than 250 projects across 30 states are pending for review, the group said. 

These actions follow prior Administration initiatives to halt or slow the development of wind energy. These initiatives included a 2025 executive order to temporarily halt offshore and onshore wind permitting and a series of stop-work orders to wind farms under construction off the East Coast, among others. Both actions have been the subject of lawsuits. 

Key Takeaway 

The pause has caused delays for many project developers, with implications for tax credit eligibility, financing, and other permits. The pause has also raised questions about whether issuance of an FAA determination is even necessary for certain projects to proceed.