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Court Victory Ends Nationwide Pause on Wind Leasing and Permitting

Federal agencies and developers can resume wind approvals under a final court ruling that leaves a lower-court vacatur in place.

Overview

  • The U.S. Court of Appeals for the First Circuit granted the federal government’s motion to voluntarily dismiss its appeal, leaving the District of Massachusetts’ December 18, 2025 judgment vacating the wind memorandum in force.
  • The December district court ruling found the January 20, 2025 Presidential Wind Memorandum unlawful and fully vacated the section that ordered an indefinite freeze on onshore and offshore wind approvals.
  • The memorandum had prompted federal agencies to stop issuing permits and approvals for wind projects, a freeze that state officials said threatened billions in investments, supply chains, ports and thousands of union jobs.
  • California and a multistate coalition sued in May 2025 to block the directive and state attorneys general, including California AG Rob Bonta, hailed the dismissal as a definitive win for renewable projects and consumers.
  • With the legal path cleared, federal agencies can move to resume leasing and permitting decisions for projects such as California’s five federal offshore leases off Humboldt County and Morro Bay and developers will likely restart planning, permitting and hiring processes.