On December 8, 2025, a Massachusetts federal court ruled that the Trump administration’s ban on permit application review for offshore and onshore wind projects was illegal. While the ruling will not necessarily result in the issuance of new permits, it lifts the moratorium on review and processing of applications. In May 2025, a coalition of 17 states, the District of Columbia, and the Alliance for Clean Energy filed suit in federal court to overturn an executive order announced in the early days of the administration that placed all federal permitting of wind projects on hold. In granting plaintiffs’ motion for summary judgment, Judge Patti Saris agreed that the executive order was arbitrary and capricious, in violation of the Administrative Procedures Act (APA).
The administration had argued both that the executive order was a lawful action within the President’s authority to set energy policy and the plaintiffs lacked standing to sue. The court was not persuaded. Defendants overcame the administration’s standing challenge by providing adequate evidence of ongoing or imminent injuries due to the moratorium, including project delays and the states’ inability to reduce greenhouse gas emissions. With a “scant” administrative record to review, Judge Saris then determined that because “the sole factor the defendants considered in deciding to stop issuing permits was the president’s direction to do so,” the Government had not reasonably considered all relevant issues or reasonably explained its decision, as required by the APA. The administration may appeal the decision.
Even if the ruling withstands a challenge, it will not result in fast tracking or green-lighting new permit applications. While the administration can no longer decline to consider wind projects pursuant to the executive order, nothing compels federal agencies to approve them.