BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE MOTIONS FOR A PRELIMINARY INJUNCTION

The brief argues that the 'Wind Directive'—which suspends all federal wind permitting—violates the Administrative Procedure Act (APA) by deviating from established review processes without a reasoned explanation. Amici assert that wind power is a cost-effective, critical energy source with significant public health and climate benefits. They further argue that the directive's claims regarding wind energy's impact on whales and birds are scientifically unsupported, citing findings from NOAA and the GAO. Finally, the brief highlights a contradiction in federal policy, where the administration fast-tracks fossil fuel projects while blocking wind energy, despite the latter's superior economic and environmental profile.

• Wind power is a critical and cost-effective component of the U.S. energy grid, accounting for over 10% of total electricity generation, with nine states generating more than 25% of their in-state electricity from wind.
• Onshore wind power is identified as the most cost-effective form of electricity generation in the U.S. based on levelized costs, including installation, operation, and maintenance.
• The transition to wind power provides substantial public health benefits by reducing premature deaths associated with fossil fuel pollution; one study indicates that U.S. wind and solar generation led to 1,200 to 1,600 fewer premature mortalities in 2022.
• The 'Wind Directive' is argued to be arbitrary and unlawful under the Administrative Procedure Act because it suspends all federal permitting indefinitely without a reasoned explanation or public input, ignoring established statutory and regulatory frameworks like NEPA, the ESA, and the MMPA.
• Claims that offshore wind energy causes whale deaths are unsubstantiated; the U.S. Government Accountability Office reported in April 2025 that NOAA does not anticipate any death or serious injury to whales from offshore wind related actions.
• Claims that wind turbines kill millions of birds annually are described as baseless, with evidence suggesting that other threats, such as building collisions and domestic cats, cause thousands of times more bird deaths than wind turbines.
• The brief identifies a fundamental inconsistency in federal policy where the administration has declared a national energy emergency to expedite fossil-fuel projects while simultaneously halting wind energy projects.

APA

Earthjustice (2025). BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE MOTIONS FOR A PRELIMINARY INJUNCTION. https://earthjustice.org/wp-content/uploads/2025/05/engo_wind_memorandum_amicus.pdf

Chicago

Earthjustice. BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE MOTIONS FOR A PRELIMINARY INJUNCTION. 2025. https://earthjustice.org/wp-content/uploads/2025/05/engo_wind_memorandum_amicus.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE MOTIONS FOR A PRELIMINARY INJUNCTION |date=15 May 2025 |url=https://earthjustice.org/wp-content/uploads/2025/05/engo_wind_memorandum_amicus.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjustice2025brief, author = {{Earthjustice}}, title = {{BRIEF OF AMICI CURIAE ENVIRONMENTAL ORGANIZATIONS IN SUPPORT OF THE MOTIONS FOR A PRELIMINARY INJUNCTION}}, institution = {Earthjustice}, year = {2025}, month = may, url = {https://earthjustice.org/wp-content/uploads/2025/05/engo_wind_memorandum_amicus.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }