The order comes in a case filed by Portland-based Renewable Northwest and 19 other wind energy developers.
The decision mostly impacts onshore wind energy projects however it is the second time this year a judge has said the administration cannot arbitrarily suspend the review of wind energy projects.
Prior to August 2025, Department of Defense evaluated wind energy project applications in accordance with the statutes and regulations and adhered to a predictable timeline for its review.
It then slowed the process and by May 2026, the court found the slowdown had reached a standstill. DoD issued interim guidance to reassess its internal review process for energy projects that it said were “causing impactful Doppler interference.”
Defense officials claimed the pause was required because the growing use of drones had revealed new threats. They asked the court to dismiss the complaint, saying it was outweighed by national security concerns.
“If DoD wishes to alter the statutory scheme, it can ask Congress to do so,” the judge wrote.
