Case: State of Rhode Island v. United States Department of the Interior

1:25-cv-00439 | U.S. District Court for the District of Rhode Island

Filed Date: Sept. 4, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

The Trump Administration has publicly opposed wind power in a number of ways. This case challenges a Trump Administration action against wind power. On August 22, 2025, the federal Bureau of Ocean Energy Management issued a Stop Work Order to halt construction on the Revolution Wind Project. The Revolution Wind Project (Project) had been on track to power 350,000 homes in Connecticut and Rhode Island starting in 2026,  through wind turbines located off the coast. The Stop Work order was consist…

The Trump Administration has publicly opposed wind power in a number of ways. This case challenges a Trump Administration action against wind power. On August 22, 2025, the federal Bureau of Ocean Energy Management issued a Stop Work Order to halt construction on the Revolution Wind Project. The Revolution Wind Project (Project) had been on track to power 350,000 homes in Connecticut and Rhode Island starting in 2026,  through wind turbines located off the coast. The Stop Work order was consistent with Executive Order 14156, which declared a “National Energy Emergency,” brought on by the country’s alleged “insufficient energy production.”

Since 2013, Ørsted, developer of the Project, has worked through regulatory review at the federal and state level. In 2023, the Bureau of Ocean Energy Management (BOEM) issued a 2,800-page Final Environmental Impact Statement on the Project. BOEM then approved construction of up to 100 wind turbines 15 miles off the coast of Rhode Island. As of August2025, construction of the Project was 80% complete.

The states of Rhode Island and Connecticut, and some state officials filed this lawsuit on September 4, 2025, in the U.S. District Court for the District of Rhode Island. The case was assigned to District Judge Mary S. McElroy. Defendants (Agency Defendants) include U.S Department of Interior, its component agencies BOEM and the Bureau of Safety and Environmental Enforcement, and several officials of each. 

The Administrative Procedure Act (APA) requires agency action be based on reasoned decisionmaking. In addition, a change in agency position must be justified and explained. Here, the Stop Work Order did not explain Agency Defendants’ sudden change in position on the Project. Plaintiffs allege the Stop Work Order is therefore arbitrary and capricious, violating the APA. The APA also prohibits agencies from exceeding its statutory authority. The Outer Continental Shelf Lands Act authorizes BOEM to temporarily halt wind energy construction in two limited circumstances, both explicitly outlined in the statute. Plaintiffs allege that neither circumstance applies here; therefore, BOEM has exceeded its statutory authority. The plaintiffs seek to preliminarily and permanently enjoin and stay Agency Defendants from enforcing the Stop Work Order. 

On September 17, 2025, Defendants filed a motion seeking to move the case to the U.S. District Court for the District of Columbia and Plaintiffs filed a motion for preliminary injunction. On September 18, a nonprofit organization Green Oceans, sought to intervene in the case to oppose continuation of the Project. The court has not yet ruled on these motions. 

On September 26, Agency Defendants filed a motion to hold Plaintiffs’ motion for preliminary injunction in abeyance because an injunction was entered in parallel litigation in the U.S. District Court for the District of Columbia. Judge McElroy denied Defendants motion. Defendants responded to Plaintiffs’ preliminary injunction motion on October 22, 2025.

Agency Defendants filed a motion to stay the case in light of the lapse in federal government appropriations, but Judge McElroy denied the motion. As of November 7, this case is ongoing.

 

Summary Authors

Claire Pollard (9/6/2025)

Allison Opheim (9/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71271669/parties/state-of-rhode-island-v-united-states-department-of-the-interior/


Judge(s)
Attorney for Plaintiff

Carnevale, Alexander Michael (Rhode Island)

Cheney, Benjamin W. (Rhode Island)

Giarrano, Leonard Giarrano (Rhode Island)

Attorney for Defendant
Expert/Monitor/Master/Other

Griffin, Richard F. (Rhode Island)

Iafrate, Carly B. (Rhode Island)

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Documents in the Clearinghouse

Document
1

1:25-cv-00439

Complaint

Sept. 4, 2025

Sept. 4, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71271669/state-of-rhode-island-v-united-states-department-of-the-interior/

Last updated Nov. 12, 2025, 8:49 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2180005 ), filed by State of Rhode Island. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet, # 3 Summons Request for DOI, # 4 Summons Request for Douglas Burgum, # 5 Summons Request for BOEM, # 6 Summons Request for Matthew Giacona, # 7 Summons Request for BSEE, # 8 Summons Request for Kenneth Stevens)(Giarrano, Leonard) (Entered: 09/04/2025)

1 Exhibit Exhibit A

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2 Civil Cover Sheet

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3 Summons Request for DOI

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4 Summons Request for Douglas Burgum

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5 Summons Request for BOEM

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6 Summons Request for Matthew Giacona

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7 Summons Request for BSEE

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8 Summons Request for Kenneth Stevens

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Sept. 4, 2025

Sept. 4, 2025

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2

CASE OPENING NOTICE ISSUED (Simoncelli, Michael) (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

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Summons Issued as to Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Douglas Burgum, Matthew Giacona, Kenneth Stevens, United States Department of the Interior. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Simoncelli, Michael) (Entered: 09/04/2025)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Sept. 4, 2025

Sept. 4, 2025

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Case Assigned/Reassigned

Sept. 4, 2025

Sept. 4, 2025

Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael)

Sept. 4, 2025

Sept. 4, 2025

4

AFFIDAVIT of Service, filed by State of Rhode Island All Defendants. (Attachments: # 1 Proof of Service for Douglas Burgum, # 2 Proof of Service for BOEM, # 3 Proof of Service for Matthew Giacona, # 4 Proof of Service for BSEE, # 5 Proof of Service for Kenneth Stevens)(Giarrano, Leonard) (Entered: 09/05/2025)

1 Proof of Service for Douglas Burgum

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2 Proof of Service for BOEM

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3 Proof of Service for Matthew Giacona

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4 Proof of Service for BSEE

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5 Proof of Service for Kenneth Stevens

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Sept. 5, 2025

Sept. 5, 2025

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10

MOTION for Maithreyi Ratakonda to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number CRIDC-2181502 ) filed by State of Rhode Island. (Giarrano, Leonard) (Entered: 09/09/2025)

Sept. 9, 2025

Sept. 9, 2025

11

MOTION for Max Kober to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2181508 ) filed by State of Rhode Island. (Giarrano, Leonard) (Entered: 09/09/2025)

Sept. 9, 2025

Sept. 9, 2025

5

MOTION for Judy Shih to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number CRIDC-2181289 ) filed by State of Rhode Island. (Giarrano, Leonard) (Entered: 09/09/2025)

Sept. 9, 2025

Sept. 9, 2025

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MOTION for Michael Kenneth Skold to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2181334 ) filed by State of Rhode Island. (Giarrano, Leonard) (Entered: 09/09/2025)

Sept. 9, 2025

Sept. 9, 2025

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MOTION for Matthew I. Levine to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2181335 ) filed by State of Rhode Island. (Giarrano, Leonard) (Entered: 09/09/2025)

Sept. 9, 2025

Sept. 9, 2025

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MOTION for Evan O'Roark to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2181339 ) filed by State of Rhode Island. (Giarrano, Leonard) (Entered: 09/09/2025)

Sept. 9, 2025

Sept. 9, 2025

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MOTION for Benjamin W. Cheney to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2181340 ) filed by State of Rhode Island. (Giarrano, Leonard) (Entered: 09/09/2025)

Sept. 9, 2025

Sept. 9, 2025

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Order on Motion to Appear Pro Hac Vice

Sept. 9, 2025

Sept. 9, 2025

TEXT ORDER granting 5 Motion to Appear Pro Hac Vice of Judy Shih. So Ordered by District Judge Mary S. McElroy on 9/9/2025. (Gonzalez Gomez, Viviana)

Sept. 9, 2025

Sept. 9, 2025

TEXT ORDER granting 6 Motion to Appear Pro Hac Vice of Michael Kenneth Skold. So Ordered by District Judge Mary S. McElroy on 9/9/2025. (Gonzalez Gomez, Viviana)

Sept. 9, 2025

Sept. 9, 2025

TEXT ORDER granting 7 Motion to Appear Pro Hac Vice of Matthew I. Levine. So Ordered by District Judge Mary S. McElroy on 9/9/2025. (Gonzalez Gomez, Viviana)

Sept. 9, 2025

Sept. 9, 2025

TEXT ORDER granting 8 Motion to Appear Pro Hac Vice of Evan I. O'Roark. So Ordered by District Judge Mary S. McElroy on 9/9/2025. (Gonzalez Gomez, Viviana)

Sept. 9, 2025

Sept. 9, 2025

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice of Benjamin W. Cheney. So Ordered by District Judge Mary S. McElroy on 9/9/2025. (Gonzalez Gomez, Viviana)

Sept. 9, 2025

Sept. 9, 2025

TEXT ORDER granting 10 Motion to Appear Pro Hac Vice of Maithreyi Ratakonda. So Ordered by District Judge Mary S. McElroy on 9/9/2025. (Hill, Cherelle)

Sept. 9, 2025

Sept. 9, 2025

TEXT ORDER granting 11 Motion to Appear Pro Hac Vice of Max Kober. So Ordered by District Judge Mary S. McElroy on 9/9/2025. (Hill, Cherelle)

Sept. 9, 2025

Sept. 9, 2025

12

NOTICE of Appearance by Michael Kenneth Skold on behalf of Katherine Dykes, State of Connecticut (Skold, Michael) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

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NOTICE of Appearance by Evan McDonald O'Roark on behalf of Katherine Dykes, State of Connecticut (O'Roark, Evan) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

14

NOTICE of Appearance by Matthew I. Levine on behalf of Katherine Dykes, State of Connecticut (Levine, Matthew) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

15

NOTICE of Appearance by Benjamin W. Cheney on behalf of Katherine Dykes, State of Connecticut (Cheney, Benjamin) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

16

NOTICE of Appearance by Kristofor Swanson on behalf of Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Douglas Burgum, Matthew Giacona, Kenneth Stevens, United States Department of the Interior (Swanson, Kristofor) (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

17

NOTICE of Appearance by Maithreyi Ratakonda on behalf of State of Rhode Island (Ratakonda, Maithreyi) (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

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18

NOTICE of Appearance by Max Jordan Kober on behalf of State of Rhode Island (Kober, Max) (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

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19

NOTICE of Appearance by Judy Shih on behalf of State of Rhode Island (Shih, Judy) (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

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20

NOTICE of Appearance by Amanda Rudat on behalf of All Defendants (Rudat, Amanda) (Entered: 09/16/2025)

Sept. 16, 2025

Sept. 16, 2025

21

MOTION for Preliminary Injunction filed by All Plaintiffs. Responses due by 10/1/2025. (Attachments: # 1 Ex. 1 Kearns Decl. (RI OER), # 2 Ex. 2 Dykes Decl. (CT DEEP), # 3 Ex. 3 Rice Decl. (RI AG), # 4 Ex. 4 Cox Decl. (RI RICC), # 5 Ex. 5 Bianco Decl. (RI PUC), # 6 Ex. 6 Babbidge Decl. (CT DEEP))(Giarrano, Leonard) (Entered: 09/17/2025)

1 Ex. 1 Kearns Decl. (RI OER)

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2 Ex. 2 Dykes Decl. (CT DEEP)

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3 Ex. 3 Rice Decl. (RI AG)

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4 Ex. 4 Cox Decl. (RI RICC)

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5 Ex. 5 Bianco Decl. (RI PUC)

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6 Ex. 6 Babbidge Decl. (CT DEEP)

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Sept. 17, 2025

Sept. 17, 2025

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22

MOTION to Change Venue to US District Court for District of Columbia filed by Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Douglas Burgum, Matthew Giacona, Kenneth Stevens, United States Department of the Interior. Responses due by 10/1/2025. (Attachments: # 1 Exhibit 1 - ROD, # 2 Exhibit 2 - COP approval letter, # 3 Exhibit 3 - M-Opinion)(Swanson, Kristofor) (Entered: 09/17/2025)

1 Exhibit 1 - ROD

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2 Exhibit 2 - COP approval letter

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3 Exhibit 3 - M-Opinion

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Sept. 17, 2025

Sept. 17, 2025

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23

MOTION to Intervene filed by Green Oceans. Responses due by 10/2/2025. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Supporting Memorandum)(Lyons, Thomas) (Entered: 09/18/2025)

1 Affidavit

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2 Affidavit

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3 Affidavit

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4 Affidavit

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5 Affidavit

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6 Affidavit

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7 Affidavit

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8 Supporting Memorandum

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Sept. 18, 2025

Sept. 18, 2025

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24

MOTION for Roger J. Marzulla to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2185831 ) filed by Green Oceans. (Lyons, Thomas) (Entered: 09/18/2025)

Sept. 18, 2025

Sept. 18, 2025

Order on Motion to Appear Pro Hac Vice

Sept. 19, 2025

Sept. 19, 2025

TEXT ORDER granting 24 Motion to Appear Pro Hac Vice of Roger J. Marzulla. So Ordered by District Judge Mary S. McElroy on 9/19/2025. (Hill, Cherelle)

Sept. 19, 2025

Sept. 19, 2025

25

MOTION for Leave to File Amicus Brief filed by Climate Jobs Rhode Island. Responses due by 10/9/2025. (Attachments: # 1 Exhibit Proposed Memorandum of Amicus Curiae, # 2 Exhibit Attachment 1 to Proposed Memorandum)(Iafrate, Carly) (Entered: 09/25/2025)

1 Exhibit Proposed Memorandum of Amicus Curiae

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2 Exhibit Attachment 1 to Proposed Memorandum

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Sept. 25, 2025

Sept. 25, 2025

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26

MOTION for Richard F. Griffin, Jr. to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2188624 ) filed by Climate Jobs Rhode Island. (Iafrate, Carly) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

Order on Motion to Appear Pro Hac Vice

Sept. 25, 2025

Sept. 25, 2025

TEXT ORDER granting 26 Motion to Appear Pro Hac Vice of Richard F. Griffin, Jr.. So Ordered by District Judge Mary S. McElroy on 9/25/2025. (Hill, Cherelle)

Sept. 25, 2025

Sept. 25, 2025

27

MOTION to hold Plaintiffs' Motion for Preliminary Injunction in Abeyance re: 21 MOTION for Preliminary Injunction, MOTION for an Extension of Time to File Response/Reply as to 21 MOTION for Preliminary Injunction (Expedited Relief Requested) filed by Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Douglas Burgum, Matthew Giacona, Kenneth Stevens, United States Department of the Interior. Responses due by 10/10/2025. (Attachments: # 1 DDC Order)(Rudat, Amanda) (Entered: 09/26/2025)

1 DDC Order

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Sept. 26, 2025

Sept. 26, 2025

28

NOTICE by Green Oceans re 21 MOTION for Preliminary Injunction Notice of Additional Authority (Attachments: # 1 Exhibit)(Lyons, Thomas) (Entered: 09/26/2025)

1 Exhibit

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Sept. 26, 2025

Sept. 26, 2025

29

RESPONSE In Opposition to 27 MOTION to hold Plaintiffs' Motion for Preliminary Injunction in Abeyance re: 21 MOTION for Preliminary Injunction MOTION for an Extension of Time to File Response/Reply as to 21 MOTION for Preliminary Injunction (Expedited Relief Requested) filed by Katherine Dykes, State of Connecticut, State of Rhode Island. Replies due by 10/6/2025. (Cheney, Benjamin) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

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30

REPLY to Response re 29 Response to Motion, filed by Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Douglas Burgum, Matthew Giacona, Kenneth Stevens, United States Department of the Interior. (Swanson, Kristofor) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

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31

MOTION to Stay in Light of Lapse of Appropriations filed by Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Douglas Burgum, Matthew Giacona, Kenneth Stevens, United States Department of the Interior. Responses due by 10/15/2025. (Rudat, Amanda) Modified on 10/2/2025 (Potter, Carrie). (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

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32

RESPONSE In Opposition to 31 MOTION to Stay in Light of Lapse of Appropriations filed by All Plaintiffs. Replies due by 10/8/2025. (Rice, Sarah) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

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33

RESPONSE In Opposition to 22 MOTION to Change Venue to US District Court for District of Columbia filed by All Plaintiffs. Replies due by 10/8/2025. (Rice, Sarah) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

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34

RESPONSE In Opposition to 23 MOTION to Intervene filed by Katherine Dykes, State of Connecticut, State of Rhode Island. Replies due by 10/8/2025. (O'Roark, Evan) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

Order on Motion to Stay

Oct. 1, 2025

Oct. 1, 2025

TEXT ORDER. The Defendants' Motion to Hold Plaintiffs' Motion for Preliminary Injunction in Abeyance (ECF No. 27 ) is DENIED. Although an injunction entered in the parallel litigation in the U.S. District Court for the District of Columbia, this Court is persuaded that "overlapping injunctions appear to be a common outcome of parallel litigation, rather than a reason for the Court to pass on exercising its duty to determine whether litigants are entitled to relief." California v. Health and Human Services, 390 F. Supp. 3d 1061, 1065 (N.D. Cal. 2019). The Defendants' Motion for an Extension of Time to File Response/Reply is GRANTED IN PART (ECF No. 27 ). The Defendants shall respond to the Motion for a Preliminary Injunction by 10/22/2025.. So Ordered by District Judge Mary S. McElroy on 10/1/2025. (Potter, Carrie)

Oct. 1, 2025

Oct. 1, 2025

35

REPLY to Response re 34 Response to Motion to Intervene filed by Green Oceans. (Lyons, Thomas) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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36

REPLY to Response re 33 Response to Motion filed by Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Douglas Burgum, Matthew Giacona, Kenneth Stevens, United States Department of the Interior. (Attachments: # 1 D.D.C. PI Hearing Transcript)(Rudat, Amanda) (Entered: 10/08/2025)

1 D.D.C. PI Hearing Transcript

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Oct. 8, 2025

Oct. 8, 2025

37

RESPONSE In Opposition to 21 MOTION for Preliminary Injunction filed by Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement, Douglas Burgum, Matthew Giacona, Kenneth Stevens, United States Department of the Interior. Replies due by 10/29/2025. (Attachments: # 1 Suess Declaration, # 2 Exhibit A to Suess Declaration, # 3 Exhibit B to Suess Declaration, # 4 Exhibit C to Suess Declaration, # 5 Exhibit D to Suess Declaration, # 6 Exhibit E to Suess Declaration, # 7 Exhibit F placer holder (sealed document), # 8 Exhibit G to Suess Declaration, # 9 Exhibit H to Suess Declaration, # 10 Exhibit I to Suess Declaration, # 11 Exhibit J to Suess Declaration)(Swanson, Kristofor) (Entered: 10/22/2025)

1 Suess Declaration

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2 Exhibit A to Suess Declaration

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3 Exhibit B to Suess Declaration

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4 Exhibit C to Suess Declaration

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5 Exhibit D to Suess Declaration

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6 Exhibit E to Suess Declaration

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7 Exhibit F placer holder (sealed document)

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8 Exhibit G to Suess Declaration

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9 Exhibit H to Suess Declaration

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10 Exhibit I to Suess Declaration

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11 Exhibit J to Suess Declaration

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Oct. 22, 2025

Oct. 22, 2025

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MOTION to Seal Exhibit F to Suess Declaration Filed. (Attachments: # 1 Exhibit F to Suess Declaration)(Swanson, Kristofor) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted to the Court only. (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

40

REPLY to Response re 37 Response to Motion,,, filed by Katherine Dykes, State of Connecticut, State of Rhode Island. (Cheney, Benjamin) (Entered: 10/29/2025)

Oct. 29, 2025

Oct. 29, 2025

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Answer to Complaint

Nov. 10, 2025

Nov. 10, 2025

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Case Details

State / Territory:

Rhode Island

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Sept. 4, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Rhode Island, Connecticut, and Katherine Dykes, Commissioner of Connecticut’s Department of Energy and Environmental Protection

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S Department of Interior, Federal

U.S Department of Interior, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

District of Rhode Island 1:25-cv-00439

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Environmental Impact Statements

Funding