Case: Protect Our Coast NJ v. US

Protect our Coast NJ v. The United States of America

President Donald Trump

COMPLAINT against All Defendants ( Filing and Admin fee $ 405 receipt number ANJDC-16319388), filed by PROTECT OUR COAST NJ.(AFRAN, BRUCE)

Exhibit to [1] Complaint by All Plaintiffs. (AFRAN, BRUCE)

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future when choosing parties please choose each party individually. Do NOT select the ALL PLAINTIFFS or ALL DEFENDANTS radio button . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information is to be entered in CAPITAL LETTERS. DO NOT select a party if it is not in CAPITAL LETTERS or if it does not reflect the EXACT name as is found in the pleading, Create a new party . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future, counsel should add him/herself to all parties represented, not just one . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information is to be entered in CAPITAL LETTERS. DO NOT select a party if it is not in CAPITAL LETTERS or if it does not reflect the EXACT name as is found in the pleading, Create a new party . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future, counsel should add him/herself to all parties represented, not just one . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party or intervenor. Please refer to the Court's website at www.njd.uscourts.gov for a form and filing instructions. (jjc, )

Judge Georgette Castner and Magistrate Judge Tonianne J. Bongiovanni added. (kht)

SUMMONS ISSUED as to BUREAU OF OCEAN ENERGY MANAGEMENT, DOUG BURGUM, WALTER D CRUICKSHANK, EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC, EMPIRE WIND 2 LLC, EQUINOR ASA, EQUINOR US, KINGDOM OF NORWAY, UNITED STATES OF AMERICA. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (kht) (Entered: 06/04/2025)

Add and Terminate Judges

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (kht)

Exhibit to 1 Complaint Exhibit H to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit I to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit L to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit M to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit N to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit O to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit P to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit Q to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit R to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit A to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit C to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit D to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit E to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit F to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit G to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/11/2025)

Exhibit to 1 Complaint Exhibit B to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/12/2025)

Exhibit to 1 Complaint Exhibit J to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/12/2025)

Exhibit to 1 Complaint Exhibit K to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/12/2025)

Exhibit to 1 Complaint Exhibit M-Appendix D by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/12/2025)

Exhibit to 1 Complaint Exhibit S to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/12/2025)

Exhibit to 1 Complaint Exhibit T to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/12/2025)

Exhibit to 1 Complaint Exhibit U to Complaint by All Plaintiffs. (AFRAN, BRUCE) (Entered: 06/12/2025)

Ex Parte MOTION for Order to Show Cause FOR TEMPORARY AND PRELIMINARY RESTRAINTS ON ALL DEFENDANTS AS TO CONSTRUCTION IN CONNECTION WITH THE EMPIRE WIND OFFSHORE TURBINE PROJECT by All Plaintiffs. (Attachments: # 1 Exhibit FILED COMPLAINT, # 2 Declaration OF COUNSEL IN SUPPORT OF APPLICATION FOR TEMPORARY AND PRELIMINARY RESTRAINTS, # 3 Brief ON EX PARTE APPLICATION FOR TEMPORARY AND PRELIMINARY RESTRAINTS)(AFRAN, BRUCE) (Entered: 06/12/2025)

1 Exhibit FILED COMPLAINT

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2 Declaration OF COUNSEL IN SUPPORT OF APPLICATION FOR TEMPORARY AND PRELIMINARY R

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3 Brief ON EX PARTE APPLICATION FOR TEMPORARY AND PRELIMINARY RESTRAINTS

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TEXT ORDER: The Court is in receipt of Plaintiffs' Motion for Temporary and Preliminary Restraints. (ECF No. 26 .) The Court does not find good cause to rule on the Motion on an ex parte basis. Plaintiffs are directed to serve their Complaint and Motion on Defendants consistent with the Federal and Local Civil Rules and shall file proof of same on the docket. Within three (3) days of Plaintiffs filing proof of service, the parties shall meet and confer and advise the Court whether they agree to an expedited briefing schedule on Plaintiffs' Motion. So Ordered by Judge Georgette Castner on 6/12/2025. (jmh) (Entered: 06/12/2025)

Text Order

NOTICE of Appearance by PETER KRYN DYKEMA on behalf of BUREAU OF OCEAN ENERGY MANAGEMENT, DOUG BURGUM, WALTER D CRUICKSHANK, UNITED STATES OF AMERICA (DYKEMA, PETER) (Entered: 06/16/2025)

NOTICE of Appearance by DAVID JOHN BALL on behalf of EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC, EMPIRE WIND 2 LLC (BALL, DAVID) (Entered: 07/03/2025)

Corporate Disclosure Statement by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC, EMPIRE WIND 2 LLC identifying Equinor ASA as Corporate Parent.. (BALL, DAVID) (Entered: 07/03/2025)

MOTION for Leave to Appear Pro Hac Vice by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC, EMPIRE WIND 2 LLC. (Attachments: # 1 Certification of David J. Ball in Support of Admission Pro Hac Vice, # 2 Certification of Ann Navaro in Support of Admission Pro Hac Vice, # 3 Certification of Tyler Johnson in Support of Admission Pro Hac Vice, # 4 Certification of Taylor Stuart in Support of Admission Pro Hac Vice, # 5 Text of Proposed Order, # 6 Certificate of Service)(BALL, DAVID) (Entered: 07/03/2025)

MOTION for Extension of Time to File Answer re 1 Complaint by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC, EMPIRE WIND 2 LLC. (Attachments: # 1 Text of Proposed Order, # 2 Certification Pursuant to Local Civil Rule 11.2, # 3 Certificate of Service)(BALL, DAVID) (Entered: 07/03/2025)

AMENDED COMPLAINT adding the following plaintiffs THE FULTON FISH MARKET COOPERATIVE and POINT LOOKOUT FISHING CLUB against BUREAU OF OCEAN ENERGY MANAGEMENT, DOUG BURGUM, WALTER D CRUICKSHANK, EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC, EMPIRE WIND 2 LLC, EQUINOR ASA, EQUINOR US, KINGDOM OF NORWAY, UNITED STATES OF AMERICA, The Fulton Fish Market Cooperative, POINT LOOKOUT FISHING CLUB, filed by OLD SQUAW FISHERIES, INC., MISS BELMAR, INC., HON. JOHN A. PETERSON, JR., ACK FOR WHALES, PROTECT OUR COAST NJ, LONG ISLAND COMMERCIAL FISHING ASSOCIATION, INC., BKS FISHERIES, INC., BELFORD SEAFOOD COOPERATIVE, CLEAN OCEAN ACTION, INC., AMERICAN SEAFOOD LLC, HERITAGE FISHERIES, INC., CAPTAIN SHAWN MACHIE, LUND'S FISHERIES, INC., CAPTAIN ALAN SHINN, FISHERMAN'S DOCK COOPERATIVE, CAPTAIN GARY STONE, SEAFREEZE SHORESIDE, INC..(AFRAN, BRUCE) (Entered: 07/04/2025)

Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 31 MOTION for Leave to Appear Pro Hac Vice, 32 MOTION for Extension of Time to File Answer re 1 Complaint . Motion set for 8/4/2025 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr3)

TEXT ORDER: This matter comes before the Court upon review of its docket. In light of Plaintiffs' filing of an Amended Complaint (ECF No. 33 ), Plaintiffs' Motion for Temporary and Preliminary Restraints (ECF No. 26 ) is hereby DENIED as moot. So Ordered by Judge Georgette Castner on 7/8/2025. (jmh) (Entered: 07/08/2025)

Text Order AND ~Util - Terminate Motions

TEXT ORDER: In light of Plaintiffs' filing of an Amended Complaint (ECF No. 33 ), Defendants Empire Leaseholder LLC, Empire Offshore Wind LLC, and Empire Wind 2 LLC's (collectively, the "Empire Defendants") motion for an extension of time to file an Answer (ECF No. 32 ) is DENIED as moot. The Empire Defendants shall answer, move, or otherwise respond to the Amended Complaint within the timeframe set by the Federal Rules of Civil Procedure. If additional time is needed, the Empire Defendants may submit either a proposed consent order or informal request for same to tjb_orders@njd.uscourts.gov. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 7/09/2025. (jem) (Entered: 07/09/2025)

Order on Motion for Extension of Time to Answer

MOTION for Extension of Time to File Answer re 33 Amended Complaint,,, by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC, EMPIRE WIND 2 LLC. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(BALL, DAVID) (Entered: 07/10/2025)

1 Text of Proposed Order

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2 Certificate of Service

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Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 36 MOTION for Extension of Time to File Answer re 33 Amended Complaint,,, . Motion set for 8/4/2025 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv)

ORDER granting 36 Motion for Extension of Time to Answer; Plaintiffs filing of proof of service of Empire Wind and the Federal Defendants on the docket, Empire Wind shall respond to Plaintiffs' Amended Complaint by the same date as the Federal Defendants. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/22/2025. (jal, ) (Entered: 07/22/2025)

ORDER Granting 31 Motion for Leave to Appear Pro Hac Vice as to ANN D. NAVARO, TYLER S. JOHNSON, AND TAYLOR M. STUART. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/31/2025. (kes, ) (Entered: 07/31/2025)

CERTIFICATE OF SERVICE by All Plaintiffs as to All Defendants (Attachments: # 1 Exhibit Exhibit A -- Email of David Ball to Bruce Afran, June 22, 2025, # 2 Exhibit Exhibit B -- Email of Deputy Chief John Stinson to Bruce Afran, June 25, 2025, # 3 Exhibit Exhibit C -- Email Chain Ending July 1, 2025, Navaro, Ball and Afran, # 4 Exhibit Exhibit D -- Emails, July 9, 2025, Navaro to Afran, # 5 Exhibit Exhibit E -- Excerpt from equinor.com Webpage, "Equinor in U.S.", # 6 Exhibit Exhibit F -- Norway Government Document, "State organization of petroleum activities" with Flow Chart)(AFRAN, BRUCE) (Entered: 08/02/2025)

Notice of Request by Pro Hac Vice Ann D. Navaro to receive Notices of Electronic Filings. (BALL, DAVID) (Entered: 08/04/2025)

Notice of Request by Pro Hac Vice Tyler S. Johnson to receive Notices of Electronic Filings. (BALL, DAVID) (Entered: 08/04/2025)

Notice of Request by Pro Hac Vice Taylor M. Stuart to receive Notices of Electronic Filings. (BALL, DAVID) (Entered: 08/04/2025)

Letter from Empire Wind Defendants Regarding Service re 39 Certificate of Service,,. (BALL, DAVID) (Entered: 08/04/2025)

Pro Hac Vice Fee Received

Notice of Pro Hac Vice counsel added

Pro Hac Vice fee received as to ANN D. NAVARO, TYLER S. JOHNSON, AND TAYLOR M. STUART: $ 750, receipt number TRE145181 (dmr3)

Pro Hac Vice counsel, ANN D. NAVARO,TYLER S. JOHNSON,TAYLOR M. STUART for EMPIRE LEASEHOLDER LLC,ANN D. NAVARO,TYLER S. JOHNSON,TAYLOR M. STUART for EMPIRE OFFSHORE WIND LLC,ANN D. NAVARO,TYLER S. JOHNSON,TAYLOR M. STUART for EMPIRE WIND 2 LLC, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dmr3)

NOTICE of Appearance by DEVON LEHMAN MCCUNE on behalf of BUREAU OF OCEAN ENERGY MANAGEMENT, DOUG BURGUM, WALTER D CRUICKSHANK, UNITED STATES OF AMERICA (MCCUNE, DEVON) (Entered: 08/07/2025)

First MOTION for Extension of Time to File Answer under L.Cv.R. 6.1(b) by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUG BURGUM, WALTER D CRUICKSHANK, UNITED STATES OF AMERICA. (MCCUNE, DEVON) (Entered: 08/17/2025)

Letter from Bruce I. Afran re 43 Letter. (AFRAN, BRUCE) (Entered: 08/18/2025)

CLERK'S QUALITY CONTROL MESSAGE - The 45 Application for Clerk's Order to Extend time to Answer filed by Devon McCune on 8/17/2025 was submitted incorrectly as a Motion. PLEASE RESUBMIT THE application USING **Application for Clerk Order to Ext Answer/Proposed Order** event. The Clerk's office has terminated the calendar event created by this filing. This submission will remain on the docket unless otherwise ordered by the court. (kht)

QC - Generic Message

Application and Proposed Order for Clerk's Order to extend time to answer as to Federal Defendants. Attorney DEVON LEHMAN MCCUNE for BUREAU OF OCEAN ENERGY MANAGEMENT,DEVON LEHMAN MCCUNE for DOUG BURGUM,DEVON LEHMAN MCCUNE for WALTER D CRUICKSHANK,DEVON LEHMAN MCCUNE for UNITED STATES OF AMERICA added. (MCCUNE, DEVON) (Entered: 08/19/2025)

Clerk`s Text Order - The 47 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by WALTER D CRUICKSHANK, UNITED STATES OF AMERICA, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUG BURGUM has been GRANTED. The answer due date has been set for 9/8/2025. (amv)

Update Answer Due Deadline

Letter. (BALL, DAVID) (Entered: 09/08/2025)

Letter. (MCCUNE, DEVON) (Entered: 09/08/2025)

TEXT ORDER: A Telephone Status Conference is scheduled for 10/06/2025 at 12:30 p.m. before Magistrate Judge Tonianne J. Bongiovanni. Kindly mark your calendars accordingly. The Court shall circulate dial-in information for the telephone conference at a later date. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 9/10/2025. (jem) (Entered: 09/10/2025)

Text Order AND ~Util - Set Hearings

Letter from Bruce I. Afran re 48 Letter, 49 Letter. (AFRAN, BRUCE) (Entered: 09/15/2025)

LETTER ORDER Granting 51 Plaintiff's request for an adjournment until 9/22/2025 for the response to the defendants' pre-motion letters. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/16/2025. (amv) (Entered: 09/16/2025)

RESPONSE. (AFRAN, BRUCE) (Entered: 09/23/2025)

TEXT ORDER: The Court is in receipt of the parties' pre-motion conference letters. (ECF Nos. 48, 49, 53 .) Based on the Court's review of the docket, on October 6, 2025, the parties are scheduled for a status call with the Magistrate Judge regarding a dispute over whether Defendants Equinor ASA and the Kingdom of Norway have been properly served. (See ECF Nos. 43, 46, 50 .) In the interest of judicial economy, and pursuant to the Court's authority to manage its docket, see In re Fine Paper Antitrust Litig., 685 F.2d 810, 817 (3d Cir. 1982), the Court will await the resolution of the service issues pending before the Magistrate Judge before considering any motions to dismiss. Defendants' deadline to answer, move, or otherwise respond to Plaintiffs' First Amended Complaint (ECF No. 33 ) is stayed pending further Order of the Court. Following resolution of the service issues by the Magistrate Judge, the Court will set a briefing schedule for Defendants' contemplated motions to dismiss. So Ordered by Judge Georgette Castner on 9/26/2025. (jmh) (Entered: 09/26/2025)

Text Order

TEXT ORDER: On 10/03/2025, Standing Order 2025-06 was entered, which stays all civil matters involving the United States as a party "either (1) until the federal government is funded through congressional appropriation or (2) for a period of thirty (30) days from the entry of this Order, whichever comes sooner." In light of the Standing Order, if funding is not appropriated prior to the upcoming conference, the conference is cancelled and will be rescheduled at an appropriate time. To the extent a party seeks relief from Standing Order 2025-06, the party may file a motion as outlined in the Standing Order. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 10/03/2025. (jem) (Entered: 10/03/2025)

Text Order