On Monday, the U.S. District Court for the District of Massachusetts struck down the freeze on federal permits for wind energy projects — a central component of the Wind Presidential Memorandum (the Wind Order) issued on the first day of the current administration. Judge Patti Saris’s opinion held that the Wind Order is arbitrary and capricious and contrary to law under the Administrative Procedure Act (APA), and directed that it be vacated in full — meaning the ruling applies nationally. The decision was previewed in the court’s preliminary order in July indicating that the Wind Order was on shaky legal ground, citing a lack of administrative record to support the Wind Order and precedent from cases involving analogous moratoriums for offshore oil and gas. Despite the major win for wind, though, there is still significant uncertainty regarding how this administration will respond to the ruling and how it will affect wind energy permitting going forward.
Groundhog Day: Proposed Revisions to ESA Regulations (Mostly) Reinstate the 2019 Rules
This article was republished in the December 2025 edition of E-Outlook, the Environmental & Natural Resources Section of the Oregon State Bar’s newsletter.
This week, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) proposed revisions to the Endangered Species Act (ESA) regulations that, if finalized, will generally restore the regulations adopted in 2019, during President Trump’s first term. The proposed regulations were published in the Federal Register on November 21, 2025, starting a 30-day public comment period that ends on December 21, 2025.
EPA Proposes to Scale Back TSCA PFAS Reporting Rule
As the longest federal government shutdown on record continued earlier this week, EPA stayed busy putting the finishing touches on one of its PFAS-related priorities — enabling EPA to “smartly collect” information about PFAS substances under the Toxic Substances Control Act (TSCA) as required by Congress in the National Defense Authorization Act for Fiscal Year 2020. Early signs of EPA’s desire to simplify the TSCA PFAS reporting rule, which was finalized by the Biden EPA in 2023, were evident in the agency’s April 2025 announcement of “Major Actions to Combat PFAS Contamination” discussed here, where EPA committed to implement the required information collection “without overburdening small businesses and article importers.”
Illegal Eagles: DOI Sinks Its Talons Even Deeper Into Wind Energy
The frenetic pace of anti-renewable actions from the U.S. Department of the Interior (DOI) has continued into this week with the issuance of a new memorandum from Greg Wischer, deputy chief of staff for policy, directing the U.S. Fish and Wildlife Service (FWS) to ratchet up enforcement of the Bald and Golden Eagle Protection Act (BGEPA) against wind energy projects, and to scrutinize the eagle permit program that the FWS adopted in 2024 after many years of development.
Renewables in the Crosshairs: DOI and DOT Announce Numerous New Anti-Wind and Solar Orders and Policies
During the week of July 28, the Trump administration unleashed a new burst of actions aimed squarely at blocking wind and solar energy with the announcement of two new secretarial orders (SO) and three new policies by the Department of the Interior (DOI), plus one from the Department of Transportation (DOT). These latest measures follow on the heels of the recent internal directive from DOI Deputy Chief of Staff for Policy Gregory Wischer implementing three new levels of political review for a comprehensive list of approvals, consultations, and interim steps in the permitting processes for wind and solar projects with a nexus to DOI’s regulatory authority. Although couched in terms of curbing “preferential treatment” for wind energy, the measures go well beyond any leveling of the playing field, instead significantly disadvantaging wind and solar — which the DOI refers to as “foreign-controlled energy sources” — compared to other sources of energy or uses of public lands.
Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA
On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take permitting under the Endangered Species Act (ESA). If it seems like Section 10(a) just underwent a comment period not too long ago, that’s because it did. In 2023, under the Biden Administration, FWS solicited comments on proposed revisions to the regulations implementing that section, which were finalized last April. Now, the Trump Administration is seeking suggestions on how to further revise its ESA permitting rules.
One-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA
On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the National Environmental Policy Act (NEPA). Justice Brett Kavanaugh, writing for a five-justice conservative majority (with Justice Neil Gorsuch abstaining), held that (a) courts must afford federal agencies “substantial judicial deference” regarding both the scope and contents of their environmental analyses; and (b) courts do not need to consider the effects of the action to the extent they are “separate in time or place” from the proposed project. The ruling gives federal agencies permission to greatly streamline their NEPA analyses at a time when those agencies are rapidly being drained of their resources and facing increasing pressure to expedite lengthy permitting processes.
No Harm, No Foul? Services Propose to Remove Harm Definition from Endangered Species Act Regulations
On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species Act (ESA). The proposal appears to be one of the first in response to President Trump’s April 9 Presidential Memorandum, “Directing the Repeal of Unlawful Regulations,” which directs federal agencies to revise or rescind regulations that conflict with the plain meaning of the underlying statute. If adopted, it will significantly change the ESA’s implementation. The FWS and NMFS are taking comments on the proposed rule from April 17 through May 17.
Twin Killings: Executive Orders Put Existing Energy Regulations in the Crosshairs
On the evening of April 9, 2025, the Trump administration released a pair of deregulatory executive actions that could have major implications for any industry subject to federal rules — and are also likely to be a magnet for litigation. These orders come fast on the heels of an April 8 executive order, “Protecting American Energy from State Overreach,” which announces actions to curtail state and local laws and policies focused on climate change and environmental justice.
First Day Presidential Directives May Have Broad Implications for Wind Industry
Among President Donald Trump’s directives issued on his first day in office was a Presidential Memorandum targeting wind energy, which has been a significant source of new electricity generation in the United States over the past decade, totaling around 10% of utility-scale generation. Among other things, the Memorandum “temporarily” withdraws