“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.” So said Colorado Attorney General Phil Weiser, announcing that Colorado has joined a coalition of 19 attorneys general (representing 18 states and the District of Columbia), seeking to intervene in a lawsuit against the U.S. Department of Defense and Defense Secretary Pete Hegseth. The coalition is asking a federal court to set aside DOD's freeze on reviews of land-based wind energy projects and to compel the department to resume the review process required by federal law.

That review process applies to proposed wind projects with turbines taller than 200 feet, including utility-scale developments, that are referred to DOD by the Federal Aviation Administration. For more than a decade, DOD worked cooperatively with developers to resolve potential national security concerns through practical measures such as relocating or reducing the height of turbines, upgrading radar systems, or temporarily pausing generation. In August 2025, however, the department abruptly stopped advancing projects through this process, halting the finalization of mitigation agreements and cutting off or delaying communication with developers, leaving projects in limbo. The coalition argues that this freeze violates the Administrative Procedure Act, has caused unreasonable delays, and reflects DOD's failure to adequately explain the policy shift or consider its effects on states, developers, workers, and ratepayers.

The stakes for Colorado are substantial. Wind power accounted for 29% of the state's total energy generation and 67% of its renewable generation in 2024, according to the figures provided in the underlying coalition materials. At least $2.687 billion in private investment and 7,124 jobs statewide are now at risk, and specific projects, including the 500-megawatt Towner Wind Energy II Project in Kiowa County, are being delayed as a direct result of the freeze. Wind energy remains a vital part of Colorado's and the nation's clean energy future, and developers who invest years of capital and effort into these projects deserve a predictable, lawful review process rather than an abrupt and unexplained halt. As this litigation and the underlying regulatory dispute unfold, Holland & Hart stands ready to help clients assess exposure to delayed projects, navigate DOD's review requirements, and understand how this multistate action may affect ongoing and future wind development in Colorado and beyond.

Holland & Hart's renewable energy team is closely tracking this litigation and the broader shift in federal posture toward onshore wind development, and we will continue to monitor developments as the coalition's intervention motion and any subsequent court rulings unfold. For clients with projects currently pending DOD review, or those evaluating new wind development in Colorado, this case underscores the importance of understanding how federal, state, and defense-related regulatory processes intersect, and of having counsel in place who can move quickly if the review freeze, or any resulting court order, affects project timelines. We welcome the opportunity to discuss how this development may affect your project or portfolio.