Michigan AG sues Trump over wind energy directive she says could cost state billions

May 6, 2025

LANSING, MI – Michigan has joined 17 states and the District of Columbia in filing a lawsuit against President Donald Trump’s administration, this time for halting permitting of wind energy projects.

Michigan’s planned wind energy projects, described in the lawsuit as a “crucial resource,” could bring in investments of as much as $15 billion through 2045, according to the filing.

A coalition of 18 attorneys general, including Michigan Attorney General Dana Nessel, initiated litigation May 5 against a long list of federal offices and department heads.

Defendants in the lawsuit are the President, the U.S. Fish and Wildlife Service, the Environmental Protection Agency (EPA), the Department of Energy, the Department of the Treasury, the National Oceanic and Atmospheric Administration and the U.S. Army Corps of Engineers, to name a few.

The lawsuit stems from a Jan. 20 Trump memo that indefinitely halted all federal approvals of leasing and permitting for new wind energy projects.

In his memo, Trump described the indefinite pause as necessary to “foster an energy economy capable of meeting the country’s growing demand for reliable energy.”

Nessel said it threatens new investments and may ultimately raise utility bills for Michigan consumers.

In his Jan. 20 memo, Trump directed his administration to halt offshore wind leases and stop the issue of permits, leases and loans for both onshore and offshore wind projects.

The pause is in place while a review of wind permitting practices takes place, Trump said. It does not apply to other types of leases, including for oil, gas, minerals and environmental conservation.

In his memo, Trump also directed Secretary of the Interior Doug Burgum, who is included in the lawsuit, to conduct a review of any existing wind energy leases for the “ecological, economic and environmental necessity” of terminating or amending them.

In addition to the growing demand for reliable energy, Trump said these changes are necessary to protect marine life, limit impacts on ocean currents and wind patterns, address energy costs for Americans and ensure that the U.S. is “able to maintain a robust fishing industry for future generations.”

As a candidate last year, Trump promised to end the offshore wind industry based on the argument that it’s too expensive and hurts whales and birds.

When announcing the pause, Trump again referenced the expense of wind projects and said they “ruin your beautiful landscapes,” according to reporting by Reuters.

But Nessel described winnd energy as reliable and affordable.

“While Donald Trump continues to spread falsehoods about renewable energy, the truth is that it is reliable, affordable and supports thousands of jobs here in Michigan,” Nessel said. “This is yet another illegal attempt to unilaterally roll back longstanding federal policy, this time by disrupting the wind energy sector in Michigan and across the country.

In the lawsuit, Nessel and other attorneys general said the wind energy industry is a complex regulatory environment, and even minor setbacks could dramatically increase costs and derail projects.

Federal agencies have since stopped all permitting and approval activities. In one case, a fully-permitted project in New York that had already begun construction was put on hold, Nessel said.

The lawsuit argues that Trump’s administration is creating an “existential threat to the wind industry.”

It also alleges Trump’s order is threatening states’ efforts to secure reliable, diversified and affordable energy sources, and could result in the loss of significant investments totaling billions.

In 2023, wind energy was the source of about 10% of total U.S. utility-scale electricity generation, according to statistics from the U.S. Energy Information Administration. It accounted for 48% of the electricity generation from renewable sources.

In Michigan, 7% of electricity came from wind in 2023.

However, Nessel said utility companies have submitted plans to the Michigan Public Service Commission, the state agency regulating public utilities, to supply about 25% of the state’s electricity from wind generation by 2035.

“The Presidential Memorandum would slow and disrupt development, making meeting energy goals more expensive for Michigan residents,” Nessel’s release read.

Michigan’s current renewable energy goal for public utilities, which was enacted by state lawmakers in 2023, is a 50% renewable energy standard by 2030 and 60% by 2035.

By 2040, the state is mandating utilities source 100% of their electricity generation from clean energy.

In November 2024, Consumers Energy said it wouldn’t need to add extra charges to customer bills to comply with the state’s targets, and instead could usher in savings by sourcing more power from wind and solar.

RELATED: Consumers Energy says big renewable energy rollout won’t require new bill surcharge

According to the lawsuit, wind energy is a key wintertime resource in Michigan – a state that doesn’t see much sun for several months.

Based on utility filings, the lawsuit included projections that wind development in Michigan could bring in investments of up to $15 billion through 2045.

“It is anticipated that most of the 6,560 megawatts in planned wind projects to be built will be required to apply for necessary permitting following federal reviews,” the lawsuit read.

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The lawsuit argues that Trump’s directive and the abrupt halt on permitting violates numerous federal statutes with specific procedures and timelines for federal permitting and approvals.

It also alleges that Trump’s directive provides no “reasoned explanation” for indefinitely halting wind energy development, “a sudden change that reverses longstanding federal policy and is inconsistent with recent federal action propping up other forms of energy.”

The attorneys general are asking the U.S. District Court in Massachusetts to declare the directive illegal and prevent any delays in wind energy development.

Nessel was joined by attorneys general in Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island and Washington.

Since Trump took office on Jan. 20, Nessel has been involved in over a dozen lawsuits against the federal government. Issues at stake among them include the Trump administration’s executive order on birthright citizenship, the decision to fire federal government employees and the rollback of extensions for local schools to spend millions in pandemic-era funds.