CEN and CTEI File Amicus Brief Supporting Plaintiffs. Encourage Congressionally Authorized Review Process to Resume for Wind Projects

The Conservative Energy Network (CEN), together with Conservative Texans for Energy Innovation (CTEI), has filed an amicus curiae brief in the U.S. District Court for the District of Oregon in support of the plaintiffs in Renewable Northwest et al. v. U.S. Department of Defense.

The brief addresses the Department of Defense’s current suspension of reviews for new wind energy projects through the Military Aviation and Installation Assurance Clearinghouse. CEN and CTEI argue that Congress established a clear statutory framework under 10 U.S.C. § 183a requiring individualized, project-specific reviews – not an indefinite industry-wide freeze.

The organizations are not asking the court to approve any particular project. Rather, the brief urges the court to require the Department of Defense to resume the review process Congress enacted – a process which has worked for well over 15 years – while preserving the Department’s authority to identify and mitigate legitimate national security concerns.

“Our position is straightforward: permitting decisions should be timely, predictable, and grounded in the law,” said John Szoka, CEO of the Conservative Energy Network. “Congress created a process that protects military readiness while allowing projects to be evaluated on their individual merits. That process should be followed.”

“The precedent set in this case extends well beyond wind energy,” added Cole Howard, CEN deputy director of policy. “When Congress establishes a permitting process, agencies should administer that process as written. Regulatory certainty is essential to private investment, long-term infrastructure planning, and maintaining confidence in the permitting system.”

The brief further argues that:

• Congress intended project-by-project review, not categorical prohibitions.
• A diverse, all-of-the-above energy strategy strengthens both national security and grid reliability.
• States should retain their traditional authority over energy planning and siting decisions.
• Regulatory certainty encourages investment, manufacturing, and American job creation.
• Delaying cost-competitive energy projects ultimately increases costs for consumers during a period of unprecedented electricity demand.

“Texas has demonstrated that energy development and military readiness are not mutually exclusive,” said Matt Welch, CTEI state director. “The Clearinghouse has successfully addressed project-specific concerns for many years through mitigation and coordination in Texas. Restoring that process benefits both national security and regulatory certainty.”

CEN and CTEI have consistently advocated for permitting policies that provide certainty for developers, respect state authority, preserve competitive energy markets, and safeguard America’s military readiness. The organizations believe these objectives are fully compatible with the statutory review process Congress established through the Military Aviation and Installation Assurance Clearinghouse.