Case: Protect Our Coast NJ v. US

3:25-cv-06890 | U.S. District Court for the District of New Jersey

Filed Date: June 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the May 2025 decision of the Director of the Bureau of Ocean Energy Management (BOEM) to resume work on wind turbines off the coasts of New York and New Jersey. The U.S. Department of the Interior (DOI), BOEM’s parent agency had paused construction of the turbines a month earlier, in connection with President Trump’s January 20, 2025 executive order requiring DOI to investigate all offshore wind energy projects and ascertain whether they would cause harm to the environment …

This case challenged the May 2025 decision of the Director of the Bureau of Ocean Energy Management (BOEM) to resume work on wind turbines off the coasts of New York and New Jersey. The U.S. Department of the Interior (DOI), BOEM’s parent agency had paused construction of the turbines a month earlier, in connection with President Trump’s January 20, 2025 executive order requiring DOI to investigate all offshore wind energy projects and ascertain whether they would cause harm to the environment or the economy. Plaintiffs, a variety of organizations interested in marine issues including commercial fisheries, animal conservation groups, and a proprietor of a local whale-watching tour, alleged that Defendants’ resumption of work on the turbines violated the Outer Continental Shelf Lands Act of 1953 (OCSLA) and the Administrative Procedure Act (APA).

Plaintiffs filed this lawsuit on June 3, 2025, in the U.S. District Court for the District of New Jersey. The lawsuit sued the United States; the U.S. Department of the Interior, its Secretary, Doug Burgum, its subagency BOEM, and BOEM’s Acting Director; Empire Leaseholder LLC, the owner of the area where the turbines are under development; Equinor, the parent company of Empire; and the Kingdom of Norway, a sovereign nation home to—and majority stakeholder in—Equinor. Plaintiffs sought a declaration that the reinstatement of work permits for the wind energy projects violated the APA and an injunction to reinstate DOI’s original pause on the projects and to require BOEM’s Acting Director to complete the investigation ordered by President Trump. The case has been assigned to Judge Georgette Castner.

On June 12, 2025, plaintiffs moved for a temporary restraining order or preliminary injunction preventing the construction or installation of wind turbines in the area owned by Empire Leaseholder LLC and its parent company Equinor. Plaintiffs based their motion on the claims that OCSLA prohibited the lease of American ocean area to a Norwegian-controlled company and that BOEM’s failure to provide findings in support of its order to resume work violated the APA.

On July 4, 2025, plaintiffs filed an amended complaint adding two more fishing organizations as plaintiffs.

Defendants' answer is due August 4, 2025. This case is ongoing.

Summary Authors

Matt Petrillo (7/16/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70447072/parties/protect-our-coast-nj-v-united-states-of-america/


Attorney for Plaintiff

AFRAN, BRUCE IRA (New Jersey)

Attorney for Defendant

BALL, DAVID JOHN (New Jersey)

DYKEMA, PETER KRYN (New Jersey)

show all people

Documents in the Clearinghouse

Document
1

3:25-cv-06890

Complaint

June 3, 2025

June 3, 2025

Complaint
26-3

3:25-cv-06890

Memorandum of Law in Support of Application for Temporary and Preliminary Restraints

Protect our Coast NJ v. The United States of America

June 12, 2025

June 12, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70447072/protect-our-coast-nj-v-united-states-of-america/

Last updated July 16, 2025, 11:31 a.m.

ECF Number Description Date Link Date / Link

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, )

June 3, 2025

June 3, 2025

PACER

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, )

June 3, 2025

June 3, 2025

PACER

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, )

June 3, 2025

June 3, 2025

PACER

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, )

June 3, 2025

June 3, 2025

PACER

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, )

June 3, 2025

June 3, 2025

PACER

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

June 3, 2025

June 3, 2025

PACER
1

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

June 3, 2025

June 3, 2025

Clearinghouse
2

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

June 3, 2025

June 3, 2025

PACER

Add and Terminate Judges

June 4, 2025

June 4, 2025

PACER

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

June 4, 2025

June 4, 2025

PACER
3

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)

June 4, 2025

June 4, 2025

RECAP
4

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

June 11, 2025

June 11, 2025

PACER
5

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

June 11, 2025

June 11, 2025

PACER
6

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

June 11, 2025

June 11, 2025

PACER
7

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

June 11, 2025

June 11, 2025

PACER
8

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

June 11, 2025

June 11, 2025

PACER
9

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

June 11, 2025

June 11, 2025

PACER
10

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

June 11, 2025

June 11, 2025

PACER
11

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

June 11, 2025

June 11, 2025

PACER
12

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

June 11, 2025

June 11, 2025

PACER
13

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

June 11, 2025

June 11, 2025

PACER
14

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

June 11, 2025

June 11, 2025

PACER
15

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

June 11, 2025

June 11, 2025

PACER
16

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

June 11, 2025

June 11, 2025

PACER
17

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

June 11, 2025

June 11, 2025

PACER
18

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

June 11, 2025

June 11, 2025

PACER
19

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

June 12, 2025

June 12, 2025

PACER

Text Order

June 12, 2025

June 12, 2025

PACER
20

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

June 12, 2025

June 12, 2025

PACER
21

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

June 12, 2025

June 12, 2025

PACER
22

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

June 12, 2025

June 12, 2025

PACER
23

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

June 12, 2025

June 12, 2025

PACER
24

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

June 12, 2025

June 12, 2025

PACER
25

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

June 12, 2025

June 12, 2025

PACER
26

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

View on RECAP

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

View on PACER

3 Brief ON EX PARTE APPLICATION FOR TEMPORARY AND PRELIMINARY RESTRAINTS

View on Clearinghouse

June 12, 2025

June 12, 2025

RECAP
27

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)

June 12, 2025

June 12, 2025

PACER
28

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)

June 16, 2025

June 16, 2025

PACER
29

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)

July 3, 2025

July 3, 2025

PACER
30

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)

July 3, 2025

July 3, 2025

PACER
31

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)

July 3, 2025

July 3, 2025

PACER
32

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)

July 3, 2025

July 3, 2025

PACER
33

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)

July 4, 2025

July 4, 2025

PACER

Set/Reset Motion and R&R Deadlines/Hearings

July 7, 2025

July 7, 2025

PACER

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)

July 7, 2025

July 7, 2025

PACER
34

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)

July 8, 2025

July 8, 2025

PACER

Text Order AND ~Util - Terminate Motions

July 8, 2025

July 8, 2025

PACER
35

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)

July 9, 2025

July 9, 2025

PACER

Order on Motion for Extension of Time to Answer

July 9, 2025

July 9, 2025

PACER
36

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

View on RECAP

2 Certificate of Service

View on RECAP

July 10, 2025

July 10, 2025

RECAP

Set/Reset Motion and R&R Deadlines/Hearings

July 11, 2025

July 11, 2025

PACER

Set/Reset Motion and R&R Deadlines/Hearings

July 11, 2025

July 11, 2025

PACER

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)

July 11, 2025

July 11, 2025

PACER

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)

July 11, 2025

July 11, 2025

PACER

Case Details