The renewable energy industry and its advocates have initiated two more lawsuits against the Trump administration over its continuing campaign against wind and solar energy development.
The Oregon Environmental Council and others filed a complaint Dec. 18 in the U.S. District Court for the District of Columbia against the Internal Revenue Service over its changes to eligibility rules for federal tax credits for solar and wind.
Renew Northeast and others filed a complaint Dec. 23 in the U.S. District Court for Eastern Massachusetts against the U.S. Department of the Interior and other federal entities over the administration’s efforts to thwart permitting for solar and wind.
Along with their specific grievances, both complaints offer a larger argument: Wind and solar generation is a critical U.S. grid asset and offers the fastest path to the increased capacity the nation needs.
As of Jan. 7, the federal court database Pacer showed no response by the federal government to either complaint.
IRS Guidance
The first case challenges the IRS decision to eliminate the Five Percent Safe Harbor provision for claiming federal tax credits for solar projects greater than 1.5 MW maximum net output and for wind projects.
For more than a dozen years, the plaintiffs note, the IRS allowed developers to either spend 5% of the total project cost or begin significant physical work to demonstrate that they had begun construction and thereby safe harbor their eligibility for the tax credits that can offset 30 to 50% of a project’s cost, or even more.
The 2025 reconciliation bill crafted by President Donald Trump and his Republican allies in Congress will bring an end to these tax credits; the guidance issued by the IRS on Aug. 15 (Notice 2025-42) further limits them by recognizing only physical work as a qualifier.
Some renewables advocates were relieved that the changes were not more severe, but the plaintiffs charge that this was arbitrary and capricious and in violation of the Administrative Procedure Act. They say the guidance provides no justification for ending the Five Percent provision for wind and solar while retaining it for all other energy technologies.
The plaintiffs note that Trump on July 7 issued an executive order directing an end to subsidies for wind, solar and other green energy such as the 45Y and 48E tax credits. It specifically ordered the Secretary of the Treasury to strictly enforce termination of 45Y and 48E for wind and solar, and to take steps to ensure that the “beginning of construction” policies are not circumvented through artificial acceleration.
This has had the effect of reducing the number and size of projects that go forward, and of increasing project costs and risks for those that do, the plaintiffs write.
The Oregon Environmental Council is joined as plaintiff in the complaint by the Natural Resources Defense Council, Public Citizen, Hopi Utilities Corp., Woven Energy, the City and County of San Francisco and the Maryland Office of People’s Counsel.
Along with the IRS, the U.S. Department of the Treasury and Treasury Secretary Scott Bessent are named as defendants.
The complaint asks the court to vacate IRS Notice 2025-42 as arbitrary and capricious, and unlawful.
Restrictive Policies
The second case is directed more broadly at the hostile environment the Trump administration has created through a series of policy actions that delay or prevent permitting and construction of wind and solar facilities on public and private lands.
The actions are having catastrophic consequences for the entire sector as well as for consumers and the nation’s grid, the plaintiffs say.
They single out six agency actions that relegated wind and solar to “second-class status.” Each is “premised on open animus,” each lacks rational justification and each violates the Administrative Procedure Act, the plaintiffs say.
The six actions are:
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- The Interior order directing that any action pertaining to a wind or solar proposal subject to Interior oversight on public or private land be separately reviewed by the department’s secretary and two top subordinates. This has amounted to a freeze, the lawsuit states.
- The Interior order that a proposed energy facility’s “capacity density” be considered and that only the most efficient uses of public lands be permitted. This disfavors sprawling wind and solar farms, which need vastly more acreage to produce the amount of electricity generated by non-renewables, the lawsuit states.
- The Army Corps of Engineers’ similar capacity density order.
- The U.S. Fish and Wildlife Service (USFWS) prohibition on new eagle take permits for wind facilities and simultaneous aggressive campaign to enforce the Bald and Golden Eagle Protection Act. This forces wind developers to either risk civil and criminal liability by operating without a permit, install costly avoidance technologies or shut down, the lawsuit states.
- Interior’s ban on wind and solar developers accessing the Information for Planning and Consultation database, a publicly available, taxpayer-funded resource created and maintained by USFWS to minimize impacts on wildlife. This hinders the ability of wind and solar developers to obtain critical permits, and no other energy technology is subject to these restrictions, the lawsuit states.
- Interior’s memorandum opinion reinterpreting subsection 8(p)(4) of the Outer Continental Shelf Lands Act to prevent all interference from proposed offshore activities if that interference is more than de minimis or reasonable, and to re-evaluate existing offshore wind approvals by this standard. This has created a de facto moratorium on approval and construction of new offshore wind facilities and is being used to justify revocation of existing permits, the lawsuit states.
These actions “are inflicting cascading and irreparable economic and operational harms on plaintiffs’ member companies,” the lawsuit states. They have blocked the pipeline for new projects, caused delays and cancellations for existing projects, and inflicted billions of dollars of increased costs and losses, the lawsuit states.
The plaintiffs ask the court to declare the six actions unlawful, vacate and set them aside, and permanently block their implementation.
Renew Northeast is joined by fellow plaintiffs Alliance for Clean Energy New York, Renewable Northwest, Southern Renewable Energy Association, Interwest Energy Alliance, Mid-Atlantic Renewable Energy Coalition Action, Clean Grid Alliance and Carolinas Clean Energy Business Association.
Named as defendants along with Interior are the Bureau of Land Management, Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Fish and Wildlife Service, Army Corps of Engineers, and heads or high-ranking officials of each of those federal entities.