Trump Administration Resumes Eagle Take Permits for Wind Facilities

Resumption of permits comes amid legal challenges to administration's policies curtailing renewable energy development

Published on Feb. 25, 2026

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The Trump administration has resumed issuing eagle take general permits for wind energy facilities, after a year-long pause. This move comes in response to ongoing litigation challenging the administration's efforts to hinder wind and solar energy development, though it's unclear if this signals a broader policy shift.

Why it matters

The eagle take permits play an important role in mitigating compliance risk for wind energy developers by authorizing incidental take of protected eagles. The administration's previous pause on issuing these permits had raised concerns about potential enforcement actions and fines for wind projects.

The details

In early 2025, the U.S. Fish and Wildlife Service (USFWS) temporarily stopped issuing eagle take general permits to wind facilities. But in early 2026, weeks after renewable energy groups filed suit, USFWS removed the permit ban from its website and issued 34 new permits for wind projects in a two-week period. This reversal appears to be a response to the ongoing litigation, rather than an indication of a broader policy shift.

  • In early 2025, USFWS posted a statement temporarily ceasing issuance of eagle take general permits to wind facilities.
  • In early 2026, weeks after renewable energy groups filed suit, USFWS removed the permit ban from its website and issued 34 new permits for wind projects in a two-week period.

The players

U.S. Fish and Wildlife Service (USFWS)

One of eleven bureaus within the U.S. Department of the Interior, responsible for issuing eagle take permits for wind facilities.

Renewable energy industry groups

Filed a lawsuit challenging USFWS's 'Eagle Take Permit Ban' for wind facilities.

President Trump

Issued a presidential memorandum in January 2025 that directed federal agencies to stop issuing new or renewed approvals for wind projects.

Doug Burgum

Secretary of the Interior, stated DOI will appeal any court rulings against its stop-work orders on offshore wind projects.

Renew Northeast

A group of solar and wind developers that filed a lawsuit challenging several of the administration's actions related to wind and solar energy.

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What’s next

Dispositive motion briefing is underway in the district courts hearing challenges to the administration's stop-work orders on offshore wind projects, with key filings due throughout March and April 2026. The Renew Northeast v. DOI case, which challenges the 'Eagle Take Permit Ban' and other actions, is also progressing, with a hearing on the plaintiffs' motion for a preliminary injunction expected in early March 2026.

The takeaway

The Trump administration's resumption of eagle take permits for wind facilities appears to be a tactical response to ongoing litigation, rather than a broader shift in its policies aimed at curtailing renewable energy development. The outcome of these legal challenges will likely determine the long-term trajectory of the administration's approach to wind and solar energy.