A federal court in Oregon just handed Advanced Power Alliance and our co-plaintiffs a complete win in our fight against the Department of Defense’s freeze on wind energy project reviews.
In an opinion issued August 6, 2026, Judge Karin J. Immergut denied the government’s motion to dismiss in full, granted our motion for a preliminary injunction, and stayed the Department’s review freeze nationwide while the case moves forward. The court rejected every threshold argument the Department raised, including its challenge to APA’s standing to sue, and found that we are likely to succeed on the merits. The Department of Defense, the court held, cannot suspend the statutory and regulatory review process, including its own binding deadlines, while it reassesses how it evaluates drone and other threats.
To keep the Department accountable, the court also ordered it to file a status report every 30 days showing that review has resumed at every stage of the process, from projects awaiting a countersignature on a mitigation agreement to those still waiting on their first review meeting.
Jeff Clark, APA President said, “”We’re grateful the court recognized the value of the review process Congress and the Department of Defense itself put into place. That process exists to give military leaders and developers alike a clear, predictable, collaborative path, and today’s ruling lets that resume. We’re hopeful that we will see need power projects moving again, and we look forward to continuing to work with the Department in good faith as this process plays out.”
This ruling does not end the case, but it puts a stop to an unlawful freeze that left dozens of projects, and billions of dollars of investment, sitting in limbo. Advanced Power Alliance will keep watching closely to make sure the Department follows through.