BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE STATES’ AND ACE NY’S MOTIONS FOR SUMMARY JUDGMENT

The brief contends that the Wind Directive lacks a reasoned basis and ignores the public health, climate, and economic benefits of wind power. It argues that existing permitting frameworks already sufficiently protect wildlife and that the sudden ban on wind permits contradicts the administration's own goals of increasing domestic energy production and its simultaneous efforts to expedite fossil-fuel projects.

• Wind power has become a significant part of the U.S. energy mix, accounting for over 10% of total electricity generation, with nine states generating more than 25% of their in-state electricity from wind.
• Onshore wind is identified as the most cost-effective form of electricity generation in the U.S. based on levelized costs, and the Department of Energy expects offshore wind costs to decrease over time due to industry learning and increased deployment.
• The transition to wind power provides substantial public health benefits by reducing premature deaths associated with fossil fuel emissions, particularly in low-income communities and communities of color.
• The brief argues that the Wind Directive is unlawful under the Administrative Procedure Act (APA) because it abruptly halts all wind permitting without a reasoned explanation or consideration of reliance interests, deviating from established federal permitting processes.
• Claims that offshore wind development causes whale deaths are unsupported by evidence from NOAA, the Bureau of Ocean Energy Management (BOEM), the Marine Mammal Commission, and independent scientists.
• The brief asserts that wind turbines do not kill millions of birds annually and that other factors, such as building collisions and domestic cats, cause significantly more bird deaths than wind energy.
• The implementation of the Wind Directive is described as contradictory to other federal actions, such as the declaration of a national energy emergency used to expedite fossil-fuel projects and the promotion of the coal industry.

APA

Clean Air Task Force (2025). BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE STATES’ AND ACE NY’S MOTIONS FOR SUMMARY JUDGMENT. https://cdn.catf.us/wp-content/uploads/2025/12/23130527/2025.08.11-engos-proposed-amicus-brief.pdf

Chicago

Clean Air Task Force. BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE STATES’ AND ACE NY’S MOTIONS FOR SUMMARY JUDGMENT. 2025. https://cdn.catf.us/wp-content/uploads/2025/12/23130527/2025.08.11-engos-proposed-amicus-brief.pdf.

Wikipedia

{{cite report |author=Clean Air Task Force |title=BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE STATES’ AND ACE NY’S MOTIONS FOR SUMMARY JUDGMENT |date=11 August 2025 |url=https://cdn.catf.us/wp-content/uploads/2025/12/23130527/2025.08.11-engos-proposed-amicus-brief.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{cleanairtaskforce2025brief, author = {{Clean Air Task Force}}, title = {{BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE STATES’ AND ACE NY’S MOTIONS FOR SUMMARY JUDGMENT}}, institution = {Clean Air Task Force}, year = {2025}, month = aug, url = {https://cdn.catf.us/wp-content/uploads/2025/12/23130527/2025.08.11-engos-proposed-amicus-brief.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }