About 400 Onshore Wind Projects Rest on 8 DOD Staff

Estimated reading time: 5 minutes · Last updated: 13 November 2026

The US Department of Defense has roughly 400 onshore wind projects waiting for its clearance, and action on every one of them depends on eight federal employees. Dale Marks, the Pentagon's assistant secretary overseeing energy, installations, and environment, told a federal court in Oregon this in a 3 November filing. Marks said the review teams were never built for the recent surge in applications, and that they are working with less staff, money and contractor help. DOD also argued that it is obeying an August injunction and has restarted its reviews. The American Clean Power Association disputes that. It says no project has moved forward in substance, while developers keep paying to wait.

Despite the Court's clear orders, DOD has not resumed review.

Tom Vinson, American Clean Power Association

Why the Pentagon Says Eight Staff Cannot Clear 400 Wind Projects

Marks' declaration describes a review office buried by volume. He wrote that none of DOD's wind review teams "are sized to manage the dramatic influx of applications received in recent years." That surge arrived while the department was also losing manning, funding and contractor support.

Outside help cannot fill the gap. Marks said contractors are barred from carrying out inherently governmental functions. That leaves decisions on the roughly 400 queued projects "solely" with eight federal employees spread across the department.

The office has already raised its output. "In an average year, the [DOD] would execute 13 mitigation agreements, but more recently, this number has hovered around 30," Marks said. A mitigation agreement sets out the steps a developer takes to limit a project's effect on military readiness.

The permits come from DOD's Military Aviation and Installation Assurance Siting Clearinghouse. The department says this office stopped pausing its processing work after the court stayed the freeze, and is now actively assessing projects.

Is DOD Actually Reviewing Wind Projects Again?

Tom Vinson rejects the Pentagon's account. He is vice president for policy and regulatory affairs at the American Clean Power Association (ACP). In a declaration dated 20 October, he drew partly on information from ACP members. "Despite the Court's clear orders, DOD has not resumed review," according to Vinson. He went on: "While it may have reported some administrative activity, none of this activity has resulted in any substantive movement through mitigation review."

The two sides are using different yardsticks. DOD points to assessment work under way. Vinson asks whether any project has actually advanced. The judge will have to decide which measure counts as compliance.

Vinson also testified that the delay is eroding project economics, because developers keep paying costs while they wait. He said one project's turbine delivery has slipped. He noted that "equipment delivered after December 31, 2027, will not qualify for the Advanced Manufacturing Credit." The developer puts that credit at approximately $200,000 per turbine, or roughly $24 million across that project.

How a Review Freeze Became a Federal Lawsuit

States, developers and clean energy industry trade associations joined together to take DOD to court. Their complaint, filed on 31 May, alleged that the department "stopped fulfilling its statutory mandate" to assess how wind projects affect military readiness. It said the process stalled after Marks was confirmed.

The plaintiffs asked the court to set aside the review freeze policy and to order DOD to act by fixed dates. In August, the court issued an injunction staying what DOD called a "temporary pause."

The plaintiffs later argued that DOD was ignoring the stay and asked the court to enforce it. DOD's 3 November response opposes that motion and says the department is complying. The plaintiffs must reply by 17 November. After that, the judge decides whether the Pentagon's renewed activity satisfies the order.

What could speed or stall the wind queue

The bottom line

Marks' filing contains an unusual admission. Even a Pentagon that fully obeys the court has eight people to work through about 400 onshore wind projects. Higher output, from 13 mitigation agreements a year to around 30, does not close that gap. The live question for the judge is narrower: does renewed administrative activity count as complying with the August stay? ACP says it does not, because nothing has moved through mitigation review. For developers, the clock that matters is the 31 December 2027 cutoff for the Advanced Manufacturing Credit. The plaintiffs' 17 November reply is the next point where either side can show the court what has actually changed.

What to watch

• The plaintiffs' reply to DOD's opposition is due on 17 November and will show what evidence they offer that reviews remain stalled.
• Watch for the judge's ruling on the motion to enforce the stay; no date has been set.
• Watch whether delayed projects receive turbines before the 31 December 2027 cutoff for the Advanced Manufacturing Credit.