Federal Judge Overturns Trump Administration’s Renewable Energy Permitting Restrictions

A federal judge has blocked a series of Trump administration policies aimed at delaying renewable energy permits for solar and wind projects. The ruling, issued by U.S. District Judge Denise Casper on Tuesday, enjoined multiple actions that had stalled federal approvals, granting a request from regional trade groups.

The plaintiffs argued that the tactics used by executive branch agencies to obstruct permits violated the Administrative Procedures Act (APA). Judge Casper, an Obama appointee, concurred in a 73-page opinion, stating that the APA challenge was likely to succeed on its merits.

The decision strikes down five key methods employed by the Trump administration to hinder federal renewable energy permitting:

• Interior Department memo requiring sign-off from Interior Secretary Doug Burgum on all major approvals;
• Instructions for the Interior Department and Army Corps of Engineers to prioritize “energy dense” projects, favoring fossil fuels;
• A ban on access to a Fish and Wildlife Service species database;
• An Interior legal opinion targeting offshore wind leases.

In her ruling, Casper outlined multiple violations of the APA. For example, she found that the memo mandating political reviews was “a significant departure from [Interior] precedent,” requiring “a more detailed justification” than typical policy changes. The “energy density” permitting framework, she noted, “conflicts” with federal laws governing energy leases, likely violating the APA.

What’s Next for Renewable Energy Permitting?

The future of these permitting policies remains uncertain. Some observers speculate whether the Supreme Court might overturn the preliminary injunction at the administration’s request. Judge Casper addressed this possibility in her opinion, emphasizing that the scope of the injunction aligns with the Supreme Court’s limitations on nationwide injunctions.

“The Court concludes that the scope of this requested injunctive relief is appropriate and consistent with the Supreme Court’s limitations on nationwide injunctions.” — U.S. District Judge Denise Casper