Case: State of New York v. Trump

1:25-cv-11221 | U.S. District Court for the District of Massachusetts

Filed Date: May 5, 2025

Closed Date: June 15, 2026

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Case Summary

This lawsuit challenges agency implementation of President Trump’s “Wind Memo,” which directed federal agencies to suspend issuing all new permits, leases and other permissions needed to operate and develop both onshore and offshore wind energy projects. In response to the Wind Memo, several federal agencies issued a Wind Order, which immediately paused the issuance of all new wind energy permits. On May 5, 2025, seventeen states and the District of Columbia filed this lawsuit in the United St…

On May 5, 2025, seventeen states and the District of Columbia filed this lawsuit in the United States District Court for the District of Massachusetts against President Donald Trump and numerous federal departments and agencies and their agency heads. Plaintiffs alleged that the Wind Order is both arbitrary and capricious, as well as contrary to law, in violation of the Administrative Procedure Act (APA). The case was initially assigned to Chief District Judge F. Dennis Saylor IV.

On May 7, Alliance for Clean Energy (ACE) New York moved to intervene on behalf of the plaintiffs. Plaintiffs filed their motion for a preliminary injunction on May 12, and ACE filed a motion for a proposed preliminary injunction the same day.

On May 13, Judge Saylor recused himself and the case was reassigned to Judge William G. Young. Two days later, Judge Young granted ACE New York's motion to intervene. Plaintiffs filed a complaint in intervention on May 21, seeking declaratory and injunctive relief.

On June 5, the court held a hearing during which it collapsed both preliminary injunction motions with a trial on the merits, and ordered that Defendants' opposition to the motions be treated as a motion to dismiss. On June 10, Plaintiffs filed an amended complaint with substantially the same claims and parties as the original complaint.

On June 18, following a hearing, the Court granted in part and denied in part Defendants' motion to dismiss. The Court found that both ACE NY and the Plaintiff States had standing, that the Agencies' indefinite pause on wind energy leasing and permitting constituted final agency action, and that the Wind Memo constituted a substantive rule subject to notice-and-comment rulemaking. The Court further held that Plaintiffs' equitable, ultra vires, and constitutional claims largely overlapped with their APA claims, and dismissed the Department of Agriculture, Energy, and Treasury because the complaint did not contain specific allegations regarding those agencies' implementation of the Wind Memo’s pause. This left the U.S. Department of Interior, Department of Commerce, Environmental Protection Agency, and the U.S. Army Corps of Engineers, as well as several public officials of each, as Defendants. Finally, the OSCLA citizen-suit claim was dismissed on the grounds that Plaintiffs had "not pursued and/or briefed this claim."

On August 8, parties filed cross motions for summary judgment.

On November 7, this case was reassigned to Judge Patti B. Saris.

The court granted plaintiffs' motion for summary judgment on December 8, 2025. 2025 WL 3514301. Although Defendants had argued that the Wind Order did not constitute an agency "decision," but was rather the President's directive, Judge Saris relied on First Circuit precedent to hold otherwise. Because no statute delegated wind-permitting decisions to the President's sole discretion, the agencies' implementation of the order remained reviewable agency action under the APA.

After establishing that the Wind Order was subject to APA review, Judge Saris then considered if the Wind Order was arbitrary and capricious. The administrative record included two documents–the Wind Memo and the Wind Order. Judge Saris concluded that “[t]his scant administrative record makes clear, and the Agency Defendants do not meaningfully dispute, that the Agency Defendants have not ‘reasonably considered the relevant issues and reasonably explained their decision to implement the Wind [Order].’”

Judge Saris also concluded that the Wind Order was contrary to law, as it conflicted with the existing statutory and regulatory scheme for wind projects. First, the Wind Order required agency inaction and prevents agencies from responding to a matter before it “within a reasonable time,” as is required by the APA. Second, the APA requires that “[w]hen application is made for a license required by law, an agency, . . . within a reasonable time, shall set and complete proceedings.” The Wind Order indefinitely halts issuing or denying all wind project authorization, contrary to the APA’s directive that an agency must also make a final decision on permit applications within a reasonable time.

Finally, Judge Saris addressed the appropriate remedy. After noting that Trump v. Casa did not "alter existing law on ‘whether the [APA] authorizes federal courts to vacate federal agency action,’” Judge Saris ordered complete vacatur of the Wind Order and declared the Order unlawful in violation of the APA.

Defendants appealed the summary judgment order and vacatur of the Wind Order to the United States Court of Appeals for the First Circuit on February 17, 2026 (Docket No. 26-1174). On June 10, Defendants filed an assented-to motion to dismiss the appeal pursuant to Federal Rule of Appellate Procedure 42(b). The Appellate Court granted this voluntary dismissal, dismissing the appeal and leaving the trial court judgment intact.


1 1:25-cv-11221	Complaint for Declaratory and Injunctive Relief	May 5, 2025	May 5, 2025 Complaint
23 1:25-cv-11221	Alliance for Clean Energy New York's Motion to Intervene	May 7, 2025	May 7, 2025 Pleading / Motion / Brief
53 1:25-cv-11221	Plaintiffs' Motion for a Preliminary Injunction	May 12, 2025	May 12, 2025 Pleading / Motion / Brief
55-1 1:25-cv-11221	Plaintiff-Intervenor Alliance for Clean Energy New York Memorandum in Support of Motion for Preliminary Injunction	May 12, 2025	May 12, 2025 Pleading / Motion / Brief
114 1:25-cv-11221	Complaint in Intervention	May 21, 2025	May 21, 2025 Complaint
141 1:25-cv-11221	First Amended Complaint for Declaratory and Injunctive Relief	June 10, 2025	June 10, 2025 Complaint
162 1:25-cv-11221	Memorandum and Order Commonwealth of Massachusetts v. Trump	July 3, 2025	July 3, 2025 Order/Opinion 2025 WL 1836592
234 1:25-cv-11221	Memorandum and Order State of New York et al. v. Trump et al.	Dec. 8, 2025	Dec. 8, 2025 Order/Opinion 2025 WL 3514301

ECF Number	Date	Description	Link
1	May 5, 2025	COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-10988078 (Fee Status: Filing Fee paid), filed by State of New York, Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, District of Columbia, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of Oregon, State of Rhode Island, State of Washington (Attachments: # 1 Civil Cover Sheet and Addendum, # 2 Local Category Sheet)(Smith, Turner) (Entered: 05/05/2025) 1 Civil Cover Sheet and Addendum View on PACER 2 Local Category Sheet View on PACER	Clearinghouse
2	May 5, 2025	ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (CEH) (Entered: 05/05/2025)	RECAP
3	May 5, 2025	Summons Issued as to Scott Bessent, Bureau of Land Management, Bureau of Ocean Energy Management, Douglas Burgum, Walter Cruickshank, Department of Commerce, Environmental Protection Agency, US, William "Butch" H. Graham, Jr, Laura Grimm, Howard Lutnick, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Eugenio Pieiro Soler, Jonathan Raby, Brooke Rollins, Paul Souza, Donald J Trump, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, US Department of Agriculture, US Department of Energy, US Department of Interior, US Department of the Treasury, United States of America, Chris Wright, Lee Zeldin. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (FGD) (Entered: 05/05/2025)	RECAP
4	May 5, 2025	NOTICE of Appearance by Turner Smith on behalf of Commonwealth of Massachusetts (Smith, Turner) (Entered: 05/05/2025)	RECAP
	May 5, 2025	Notice of Case Assignment
5	May 6, 2025	NOTICE of Appearance by Jon Whitney on behalf of Commonwealth of Massachusetts, State of Washington, State of Rhode Island, State of Oregon, State of New Mexico, State of New Jersey, State of Minnesota, State of Michigan, State of Maryland, State of Maine, State of Illinois, District of Columbia, State of Delaware, State of Connecticut, State of Colorado, State of California, State of Arizona, State of New York (Whitney, Jon) Modified on 5/6/2025: corrected filer names. (FGD) (Main Document 5 replaced on 5/6/2025) (FGD). (Entered: 05/06/2025)	RECAP
6	May 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Myers, Rene F. Hertzog, Laura Mirman-Heslin Filing fee: $ 375, receipt number AMADC-10991447 by State of New York. (Attachments: # 1 Myers Certificate, # 2 Hertzog Certificate, # 3 LMH Certificate)(Whitney, Jon) (Entered: 05/06/2025) 1 Myers Certificate View on PACER 2 Hertzog Certificate View on PACER 3 LMH Certificate View on PACER	RECAP
7	May 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Jason E. James Filing fee: $ 125, receipt number AMADC-10991505 by State of Illinois. (Attachments: # 1 James Certificate)(Whitney, Jon) (Entered: 05/06/2025) 1 James Certificate View on PACER	RECAP
8	May 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Yuriy Korol Filing fee: $ 125, receipt number AMADC-10991531 by State of Washington. (Attachments: # 1 Korol Certificate)(Whitney, Jon) (Entered: 05/06/2025) 1 Korol Certificate View on PACER	RECAP
9	May 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Mary M. Curtin Filing fee: $ 125, receipt number AMADC-10991694 by State of Arizona. (Attachments: # 1 Curtin Certificate)(Whitney, Jon) (Entered: 05/06/2025)	RECAP
10	May 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Carrie Noteboom, Jessica Lowrey Filing fee: $ 250, receipt number AMADC-10991790 by State of Colorado. (Attachments: # 1 Noteboom Certificate, # 2 Lowrey Certificate)(Whitney, Jon) (Entered: 05/06/2025)	RECAP
11	May 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Catherine Rios-Keating Filing fee: $ 125, receipt number AMADC-10991810 by State of Minnesota. (Attachments: # 1 Rios-Keating Certificate)(Whitney, Jon) (Entered: 05/06/2025)	RECAP
12	May 6, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 6 Motion for Leave to Appear Pro Hac Vice Added Michael J. Myers, Rene F. Hertzog, Laura Mirman-Heslin. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/06/2025)	RECAP
13	May 6, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 7 Motion for Leave to Appear Pro Hac Vice Added Jason E. James. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/06/2025)	RECAP
14	May 6, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 8 Motion for Leave to Appear Pro Hac Vice Added Yuriy Korol. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/06/2025)	RECAP
15	May 6, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 9 Motion for Leave to Appear Pro Hac Vice Added Mary M. Curtin. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/06/2025)	RECAP
16	May 6, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 10 Motion for Leave to Appear Pro Hac Vice Added Carrie Noteboom, Jessica Lowrey. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/06/2025)	RECAP
17	May 6, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 11 Motion for Leave to Appear Pro Hac Vice Added Catherine Rios-Keating. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/06/2025)	RECAP
18	May 6, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Jill Lacedonia Filing fee: $ 125, receipt number AMADC-10992849 by State of Connecticut. (Attachments: # 1 Lacedonia Certificate)(Whitney, Jon) (Entered: 05/06/2025)	RECAP
19	May 6, 2025	MOTION for Leave to Appear Pro Hac Vice Filing fee: $ 125, receipt number AMADC-10992867 by State of Maryland. (Attachments: # 1 Goldstein Certificate)(Whitney, Jon) (Entered: 05/06/2025)	RECAP
20	May 6, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 18 Motion for Leave to Appear Pro Hac Vice Added Jill Lacedonia. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/07/2025)	RECAP
21	May 6, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 19 Motion for Leave to Appear Pro Hac Vice Added Steven J. Goldstein. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/07/2025)	RECAP
	May 6, 2025	Order on Motion for Leave to Appear
22	May 7, 2025	NOTICE of Appearance by Brook Detterman on behalf of Alliance for Clean New York (Detterman, Brook) (Entered: 05/07/2025)	RECAP
23	May 7, 2025	MOTION to Intervene by Alliance for Clean New York. (Attachments: # 1 Exhibit Memorandum of Law In Support of Motion to Intervene, # 2 Exhibit Declaration of Marguerite Wells, Executive Director of ACE NY, # 3 Exhibit ACE NYs Proposed Complaint in Intervention, # 4 Exhibit ACE NYs Corporate Disclosure Statement, # 5 Exhibit Proposed Order Granting ACE NY Motion to Intervene)(Detterman, Brook) (Entered: 05/07/2025) 1 Exhibit Memorandum of Law In Support of Motion to Intervene View on RECAP 2 Exhibit Declaration of Marguerite Wells, Executive Director of ACE NY View on RECAP 3 Exhibit ACE NYs Proposed Complaint in Intervention View on RECAP 4 Exhibit ACE NYs Corporate Disclosure Statement View on RECAP 5 Exhibit Proposed Order Granting ACE NY Motion to Intervene View on RECAP	Clearinghouse
24	May 7, 2025	NOTICE of Appearance by Jessica Lowrey on behalf of State of Colorado (Lowrey, Jessica) (Entered: 05/07/2025)	RECAP
25	May 7, 2025	NOTICE of Appearance by Michael Myers on behalf of State of New York (Myers, Michael) (Entered: 05/07/2025)	RECAP
59	May 7, 2025	MEMORANDUM in Support re 23 MOTION to Intervene filed by Alliance for Clean Energy New York. Memorandum Refiled in Accordance with Court Rules and CM/ECF Administrative Procedures - Counsel Incorrectly Attached the Memorandum to the Motion to Intervene. (MAP) (Entered: 05/14/2025)	RECAP
60	May 7, 2025	DECLARATION in Support re 23 MOTION to Intervene by Alliance for Clean Energy New York. Declaration Refiled in Accordance with Court Rules and CM/ECF Administrative Procedures - Counsel Incorrectly Attached the Declaration to the Motion to Intervene. (MAP) (Entered: 05/14/2025)	RECAP
61	May 7, 2025	CORPORATE DISCLOSURE STATEMENT by Alliance for Clean Energy New York. (MAP) (Entered: 05/14/2025)	RECAP
	May 7, 2025	Order on Motion for Leave to Appear
26	May 8, 2025	NOTICE of Appearance by Rene Hertzog on behalf of State of New York (Hertzog, Rene) (Entered: 05/08/2025)	RECAP
27	May 8, 2025	NOTICE of Appearance by Laura Mirman-Heslin on behalf of State of New York (Mirman-Heslin, Laura) (Entered: 05/08/2025)	RECAP
28	May 8, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Robert Martin Filing fee: $ 125, receipt number AMADC-10997225 by State of Maine. (Attachments: # 1 Martin Certificate)(Whitney, Jon) (Entered: 05/08/2025)	RECAP
29	May 8, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Paul Garrahan Filing fee: $ 125, receipt number AMADC-10997242 by State of Oregon. (Attachments: # 1 Garrahan Certificate)(Whitney, Jon) (Entered: 05/08/2025)	RECAP
30	May 8, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 28 Motion for Leave to Appear Pro Hac Vice Added Robert Martin. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/08/2025)	RECAP
31	May 8, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 29 Motion for Leave to Appear Pro Hac Vice Added Paul Garrahan. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/08/2025)	RECAP
32	May 8, 2025	MOTION for Leave to Appear Pro Hac Vice for admission of Robert Swanson, Jamie Jefferson, Kate Hammond Filing fee: $ 375, receipt number AMADC-10997371 by State of California. (Attachments: # 1 Swanson Certificate, # 2 Jefferson Certificate, # 3 Hammond Certificate)(Whitney, Jon) (Entered: 05/08/2025)	RECAP
33	May 8, 2025	Assented to MOTION for Leave to File Excess Pages by State of Delaware, District of Columbia, Commonwealth of Massachusetts, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Washington.(Myers, Michael) (Entered: 05/08/2025)	RECAP
34	May 8, 2025	Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered GRANTING 32 Motion for Leave to Appear Pro Hac Vice Added Robert Swanson, Jamie Jefferson, Kate M. Hammond. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MAC) (Entered: 05/08/2025)	RECAP

Case: State of New York v. Trump

1:25-cv-11221 | U.S. District Court for the District of Massachusetts

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Docket for: State of New York v. Trump

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