Case: Virginia Electric and Power Company v. United States Department of the Interior

Complaint against UNITED STATES DEPARTMENT OF THE INTERIOR; BUREAU OF OCEAN ENERGY MANAGEMENT; DOUGLAS BURGUM, Secretary of the Interior, in his official capacity; MATTHEW GIACONA, Acting Director, Bureau of Ocean Energy Management, in his official capacity ( Filing fee $ 405, receipt number AVAEDC-10668325.), filed by Virginia Electric and Power Company, d/b/a Dominion Virginia Power, OSW Project LLC. (Attachments: # 1 Civil Cover Sheet)(Coppinger, Nessa) (Entered: 12/23/2025)

1 Civil Cover Sheet

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Corporate Disclosure Statement by Virginia Electric and Power Company, d/b/a Dominion Virginia Power. (Coppinger, Nessa) (Entered: 12/23/2025)

Corporate Disclosure Statement by OSW Project LLC. (Coppinger, Nessa) (Entered: 12/23/2025)

Proposed Summons issued to Bureau of Ocean Energy Management by OSW Project LLC, Virginia Electric and Power Company, d/b/a Dominion Virginia Power (Coppinger, Nessa) (Entered: 12/23/2025)

Proposed Summons issued to DOUGLAS BURGUM, Secretary of the United States Department of the Interior by OSW Project LLC, Virginia Electric and Power Company, d/b/a Dominion Virginia Power (Coppinger, Nessa) (Entered: 12/23/2025)

Proposed Summons issued to MATTHEW GIACONA, Acting Director of Bureau of Ocean Energy Management by OSW Project LLC, Virginia Electric and Power Company, d/b/a Dominion Virginia Power (Coppinger, Nessa) (Entered: 12/23/2025)

Proposed Summons issued to United States Department of the Interior by OSW Project LLC, Virginia Electric and Power Company, d/b/a Dominion Virginia Power (Coppinger, Nessa) (Entered: 12/23/2025)

Proposed Summons issued to U.S. Attorney's Office for the Eastern District of Virginia (Norfolk) by OSW Project LLC, Virginia Electric and Power Company, d/b/a Dominion Virginia Power (Coppinger, Nessa) (Entered: 12/23/2025)

Proposed Summons Attorney General of the United States by OSW Project LLC, Virginia Electric and Power Company, d/b/a Dominion Virginia Power (Coppinger, Nessa) (Entered: 12/23/2025)

Motion to appear Pro Hac Vice by James Michael Auslander and Certification of Local Counsel Nessa Horewitch Coppinger Filing fee $ 75, receipt number AVAEDC-10668723. by OSW Project LLC, Virginia Electric and Power Company, d/b/a Dominion Virginia Power. (Coppinger, Nessa) (Entered: 12/23/2025)

MOTION for Temporary Restraining Order by OSW Project LLC, Virginia Electric and Power Company, d/b/a Dominion Virginia Power. (Attachments: # 1 Memorandum of Law in Support, # 2 Affidavit of Grant T. Hollett in Support, # 3 Proposed Order)(Coppinger, Nessa) (Entered: 12/23/2025)

3 Proposed Order

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MOTION Unopposed Motion for Remote Appearance re 11 MOTION for Temporary Restraining Order by OSW Project LLC, Virginia Electric and Power Company. (Attachments: # 1 Proposed Order)(Coppinger, Nessa) (Entered: 12/23/2025)

1 Proposed Order

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Memorandum in Support re 11 MOTION for Temporary Restraining Order filed by OSW Project LLC, Virginia Electric and Power Company. (Attachments: # 1 Attachment 1)(bwell) (Entered: 12/23/2025)

1 Attachment 1

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Summons Issued as to BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS BURGUM, MATTHEW GIACONA, United States Department of the Interior, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the Electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Civil Motions Procedures)(alet) (Entered: 12/23/2025)

1 Civil Motions Procedures

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Motion to appear Pro Hac Vice by James Michael Auslander and Certification of Local Counsel Nessa Horewitch Coppinger by OSW Project LLC, Virginia Electric and Power Company. (Coppinger, Nessa) (Entered: 12/23/2025)

Initial Case Assignment

Notice of Correction

Initial Case Assignment to District Judge Jamar K. Walker and Magistrate Judge Lawrence R. Leonard. (alet)

Notice of Correction re 11 MOTION for Temporary Restraining Order . The memorandum of law should not be an attachment to the motion and has been removed from the record. No further action is necessary, however, in the future please use the event found under the Responses, Replies and Memoranda category and link it back to the motion. (bwell)

Notice of Correction re 10 Motion to appear Pro Hac Vice by James Michael Auslander and Certification of Local Counsel Nessa Horewitch Coppinger Filing fee $ 75, receipt number AVAEDC-10668723. Counsel is advised that the application must have the applicant's original signature. Please refile with a wet signature. Counsel does not need to pay another fee. (alet)

ORDER. Hearing on Plaintiffs' 11 Motion for Temporary Restraining Order set for 12/29/2025 at 2:00 p.m. in Norfolk. The government is ORDERED to appear at the hearing. Dominion is DIRECTED to provide the government a copy of this Order today and to file a notice informing the Court that it has done so. Signed by District Judge Jamar K. Walker on 12/24/2025. (bap, ) (Entered: 12/24/2025)

NOTICE by OSW Project LLC, Virginia Electric and Power Company re 16 Order Setting Hearing on Motion, (Coppinger, Nessa) (Entered: 12/24/2025)

ORDER Denying as moot 12 Motion for remote hearing. The Court set the hearing for Monday, December 29, 2025. The relief requested was specific to the week of December 22. Thus, the motion is denied as moot. Signed by District Judge Jamar K. Walker on 12/27/2025. (Walker, Jamar) (Entered: 12/27/2025)

Memorandum in Opposition re 11 MOTION for Temporary Restraining Order filed by Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior. (Attachments: # 1 Affidavit Matthew Giacona)(Dykema, Peter) (Entered: 12/27/2025)

1 Affidavit Matthew Giacona

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NOTICE of Appearance by Peter Kryn Dykema on behalf of Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior (Dykema, Peter) (Entered: 12/27/2025)

NOTICE of Appearance by Peter Kryn Dykema on behalf of Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior (Dykema, Peter) (Entered: 12/28/2025)

ORDER. The hearing set for 2:00 p.m. on 12/29/25 is VACATED. Dominion's 11 motion for a temporary restraining order is converted to a motion for a preliminary injunction. The government is DIRECTED to submit for ex parte, in camera review any and all classified information it contends informed the decision to issue the stop-work order by 1/9/26. Briefs to be submitted as directed herein. All filings due by 5:00 p.m. on the day of the deadline. Hearing on the motion for preliminary injunction set for 1/16/26 at 11:00 a.m. in Norfolk. Signed by District Judge Jamar K. Walker on 12/28/2025. (bap, ) (Entered: 12/28/2025)

MOTION for Reconsideration re 22 Order by OSW Project LLC, Virginia Electric and Power Company. (Coppinger, Nessa) (Entered: 12/28/2025)

Memorandum in Support re 23 MOTION for Reconsideration re 22 Order filed by OSW Project LLC, Virginia Electric and Power Company. (Coppinger, Nessa) (Entered: 12/28/2025)

ORDER denying 23 Motion for Reconsideration. Signed by District Judge Jamar K. Walker on 12/28/2026. (bap, ) (Entered: 12/28/2025)

ORDER. The government is DIRECTED to inform the Court by 12/31/25 whether it intends to share the classified information with Dominion representatives who have the necessary security clearance. Signed by District Judge Jamar K. Walker on 12/28/2025. (bap, ) (Entered: 12/28/2025)

ORDER granting 15 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 12/29/2025. (Walker, Jamar) (Entered: 12/29/2025)

Motion to appear Pro Hac Vice by Taylor Nicholson Ferrell and Certification of Local Counsel Nessa Horewitch Coppinger Filing fee $ 75, receipt number AVAEDC-10676672. by OSW Project LLC, Virginia Electric and Power Company. (Coppinger, Nessa) (Entered: 12/30/2025)

Motion to appear Pro Hac Vice by Taylor Nicholson Ferrell and Certification of Local Counsel Nessa Horewitch Coppinger by Virginia Electric and Power Company. (Coppinger, Nessa) (Entered: 12/31/2025)

NOTICE by Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior re 26 Order, regarding classified information (Dykema, Peter) (Entered: 12/31/2025)

ORDER granting 29 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 12/31/2025. (Walker, Jamar) (Entered: 12/31/2025)

MEMORANDUM OPINION re 23 MOTION for Reconsideration. The Court denied Dominion's motion for reconsideration (ECF No. 23). ECF No. 25. Signed by District Judge Jamar K. Walker on 12/31/2025. (Vpea) (Entered: 12/31/2025)

Notice of Correction re 28 Motion to appear Pro Hac Vice by Taylor Nicholson Ferrell and Certification of Local Counsel Nessa Horewitch Coppinger Filing fee $ 75, receipt number AVAEDC-10676672. Counsel is advised that the Applicant must be admitted to at least one other federal district court. Please refile with the name of another court the applicant is authorized to practice in. Counsel does not need to pay another fee. (alet)

Notice of Correction

Motion to appear Pro Hac Vice by Julius Maurice Redd and Certification of Local Counsel Nessa Horewitch Coppinger Filing fee $ 75, receipt number AVAEDC-10683528. by OSW Project LLC, Virginia Electric and Power Company. (Coppinger, Nessa) (Entered: 01/05/2026)

Motion to appear Pro Hac Vice by Hilary Tess Jacobs Bolash and Certification of Local Counsel Nessa Horewitch Coppinger Filing fee $ 75, receipt number AVAEDC-10683679. by OSW Project LLC, Virginia Electric and Power Company. (Coppinger, Nessa) (Entered: 01/05/2026)

ORDER granting 33 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/6/2026. (Walker, Jamar) (Entered: 01/06/2026)

ORDER granting 34 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/6/2026. (Walker, Jamar) (Entered: 01/06/2026)

Response to 30 NOTICE of Intent on Sharing Classified Information filed by Virginia Electric and Power Company. (Attachments: # 1 Attachment A - Communications)(Coppinger, Nessa) (Entered: 01/07/2026)

1 Attachment A - Communications

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NOTICE of Appearance by Peter Martin Torstensen, Jr on behalf of Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior (Torstensen, Peter) (Entered: 01/09/2026)

Memorandum in Support re 11 MOTION for Temporary Restraining Order MOTION FOR PRELIMINARY INJUNCTION filed by OSW Project LLC, Virginia Electric and Power Company. (Attachments: # 1 Attachment A - Amended and Restated Lease, # 2 Declaration of Grant T. Hollett in Support, # 3 Declaration of Adam S. Lee in Support, # 4 Declaration of Howard David Belote in Support)(Coppinger, Nessa) (Entered: 01/09/2026)

1 Attachment A - Amended and Restated Lease

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2 Declaration of Grant T. Hollett in Support

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3 Declaration of Adam S. Lee in Support

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4 Declaration of Howard David Belote in Support

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Motion to appear Pro Hac Vice by Mark Stanisz and Certification of Local Counsel Eric R. Nitz Filing fee $ 75, receipt number AVAEDC-10698965. by PJM Interconnection, L.L.C.. (Nitz, Eric) (Entered: 01/09/2026)

Motion to appear Pro Hac Vice by Arleigh Helfer and Certification of Local Counsel Eric R. Nitz Filing fee $ 75, receipt number AVAEDC-10698999. by PJM Interconnection, L.L.C.. (Nitz, Eric) (Entered: 01/09/2026)

MOTION for Leave to File Amicus Brief by PJM Interconnection, L.L.C.. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Nitz, Eric) (Entered: 01/09/2026)

Corporate Disclosure Statement by PJM Interconnection, L.L.C.. (Nitz, Eric) (Entered: 01/09/2026)

MOTION for Leave to File a Brief as Amicus Curiae in Support of Plaintiffs by North America's Building Trades Unions. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Aubrey, Lucas) (Entered: 01/09/2026)

Memorandum in Support re 44 MOTION for Leave to File a Brief as Amicus Curiae in Support of Plaintiffs filed by North America's Building Trades Unions. (Aubrey, Lucas) (Entered: 01/09/2026)

NOTICE of Appearance by Lucas Robert Jason Aubrey on behalf of North America's Building Trades Unions (Aubrey, Lucas) (Entered: 01/09/2026)

Motion to appear Pro Hac Vice by Jonathan D. Newman and Certification of Local Counsel Lucas R. Aubrey Filing fee $ 75, receipt number AVAEDC-10699285. by North America's Building Trades Unions. (Aubrey, Lucas) (Entered: 01/09/2026)

Motion to appear Pro Hac Vice by Jacob J. Demree and Certification of Local Counsel Lucas R. Aubrey Filing fee $ 75, receipt number AVAEDC-10699287. by North America's Building Trades Unions. (Aubrey, Lucas) (Entered: 01/09/2026)

NOTICE of Appearance by Kent Pendleton Porter on behalf of Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior (Porter, Kent) (Entered: 01/11/2026)

MOTION for Leave to File Brief of Amici Curiae by Tim Kaine, Mark R. Warner, Robert C. Scott. (Attachments: # 1 Exhibit 1 - Amicus Brief, # 2 Proposed Order)(Ariail, James) (Entered: 01/11/2026)

1 Exhibit 1 - Amicus Brief

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2 Proposed Order

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NOTICE of Appearance by James Edward Shreve Ariail on behalf of Tim Kaine, Robert C. Scott, Mark R. Warner (Ariail, James) (Entered: 01/11/2026)

Motion to appear Pro Hac Vice by Zachary Charles Schauf and Certification of Local Counsel James Edward Shreve Ariail Filing fee $ 75, receipt number AVAEDC-10699570. by Tim Kaine, Robert C. Scott, Mark R. Warner. (Ariail, James) (Entered: 01/11/2026)

Motion to appear Pro Hac Vice by Meghan Elizabeth Greenfield and Certification of Local Counsel James Edward Shreve Ariail Filing fee $ 75, receipt number AVAEDC-10699571. by Tim Kaine, Robert C. Scott, Mark R. Warner. (Ariail, James) (Entered: 01/11/2026)

Motion to appear Pro Hac Vice by Aaron Cooper and Certification of Local Counsel James Edward Shreve Ariail Filing fee $ 75, receipt number AVAEDC-10699572. by Tim Kaine, Robert C. Scott, Mark R. Warner. (Ariail, James) (Entered: 01/11/2026)

Opposition to 39 Memorandum in Support, Motion for Preliminary Injunction filed by Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior. (Attachments: # 1 Exhibit Jacob Tyner Declaration with Exhibits, # 2 Exhibit Dale Marks Declaration (redacted))(Dykema, Peter) (Entered: 01/12/2026)

Motion to appear Pro Hac Vice by Zachary C. Schauf and Certification of Local Counsel James Edward Shreve Ariail by Tim Kaine, Robert C. Scott, Mark R. Warner. (Ariail, James) (Entered: 01/12/2026)

Motion to appear Pro Hac Vice by Meghan E. Greenfield and Certification of Local Counsel James Edward Shreve Ariail by Tim Kaine, Robert C. Scott, Mark R. Warner. (Ariail, James) (Entered: 01/12/2026)

Motion to appear Pro Hac Vice by Aaron Cooper and Certification of Local Counsel James Edward Shreve Ariail by Tim Kaine, Robert C. Scott, Mark R. Warner. (Ariail, James) (Entered: 01/12/2026)

Notice of Correction re 53 Motion to appear Pro Hac Vice by Meghan Elizabeth Greenfield and Certification of Local Counsel James Edward Shreve Ariail Filing fee $ 75, receipt number AVAEDC-10699571., 52 Motion to appear Pro Hac Vice by Zachary Charles Schauf and Certification of Local Counsel James Edward Shreve Ariail Filing fee $ 75, receipt number AVAEDC-10699570., 54 Motion to appear Pro Hac Vice by Aaron Cooper and Certification of Local Counsel James Edward Shreve Ariail Filing fee $ 75, receipt number AVAEDC-10699572. Counsel is advised that the applications must have the applicant's original signature. Please refile with wet signatures. Counsel does not need to pay another fee. (alet)

Notice of Correction

ORDER granting 40 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/13/2026. (Walker, Jamar) (Entered: 01/13/2026)

ORDER granting 41 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/13/2026. (Walker, Jamar) (Entered: 01/13/2026)

ORDER granting 47 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/13/2026. (Walker, Jamar) (Entered: 01/13/2026)

ORDER granting 48 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/13/2026. (Walker, Jamar) (Entered: 01/13/2026)

ORDER granting 56 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/13/2026. (Walker, Jamar) (Entered: 01/13/2026)

ORDER granting 57 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/13/2026. (Walker, Jamar) (Entered: 01/13/2026)

ORDER granting 58 Motion for Pro hac vice. Signed by District Judge Jamar K. Walker on 1/13/2026. (Walker, Jamar) (Entered: 01/13/2026)

ORDER Granting 42 44 AND 50 Motions for Leave to File. The Clerk is DIRECTED to docket the proposed amicus curiae briefs, ECF Nos. 42-1, 44-1, 50-1. Signed by District Judge Jamar K. Walker on 1/13/2026. (Vpea) (Entered: 01/13/2026)

AMICUS CURIAE BRIEF OF PJM INTERCONNECTION, L.L.C. IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION by PJM Interconnection, L.L.C. (Vpea) (Entered: 01/13/2026)

BRIEF OF AMICUS CURIAE NORTH AMERICA'S BUILDING TRADES UNIONS IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION by North America's Building Trades Unions. (Vpea) (Entered: 01/13/2026)

BRIEF OF AMICI CURIAE by SENATORS MARK R. WARNER AND TIM KAINE AND REPRESENTATIVE BOBBY SCOTT. (Vpea) (Entered: 01/13/2026)

NOTICE of Appearance by Amanda Rudat on behalf of Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior (Rudat, Amanda) (Entered: 01/14/2026)

Reply to 39 Memorandum in Support, 11 MOTION for Temporary Restraining Order MOTION FOR PRELIMINARY INJUNCTION filed by OSW Project LLC, Virginia Electric and Power Company. (Attachments: # 1 Attachment A - Transcript of PI Hearing before J. Lamberth, # 2 Proposed Order)(Coppinger, Nessa) (Entered: 01/14/2026)

1 Attachment A - Transcript of PI Hearing before J. Lamberth

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2 Proposed Order

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NOTICE of Appearance by John Kenneth Adams on behalf of Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior (Adams, John) (Entered: 01/15/2026)

MOTION for Leave to File Amended Opposition Brief by Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior. (Attachments: # 1 Exhibit Proposed Amended Brief)(Dykema, Peter) (Entered: 01/15/2026)

Memorandum in Support re 73 MOTION for Leave to File Amended Opposition Brief filed by Bureau of Ocean Energy Managment, Douglas Burgum, Matthew Giacona, United States Department of the Interior. (Dykema, Peter) (Entered: 01/15/2026)

ORDER denying 73 Motion for Leave to File Amended Opposition Brief by Bureau of Ocean Energy Management, Douglas Burgum, Matthew Giacona, United States Department of the Interior. Signed by District Judge Jamar K. Walker on 1/15/2026. (dbra, ) (Entered: 01/15/2026)

NOTICE by OSW Project LLC, Virginia Electric and Power Company re 39 Memorandum in Support, Supplemental Authority (Coppinger, Nessa) (Entered: 01/15/2026)

NOTICE of Appearance by Stanley Edmund Woodward, Jr on behalf of Bureau of Ocean Energy Management, Douglas Burgum, Matthew Giacona, United States Department of the Interior (Woodward, Stanley) (Entered: 01/15/2026)

Minute Entry: Motion Hearing held before District Judge Jamar K. Walker re 11 Motion for Preliminary Injunction. The Court summarized the posture of the case. Arguments of counsel heard. For the reasons stated from the bench, the Court will GRANT Plaintiffs' motion for preliminary injunction. The 12/22/25 BOEM order is hereby STAYED until further Order of this Court. The Court directed Plaintiffs to submit a nominal security of $100.00 to the Clerk's Office. Written Order to issued. Court Adjourned.Appearances: Nessa Coppinger & James Auslander on behalf of Plaintiffs; Kent Porter, Stanley Woodward, John Adams & Christopher Danley appeared on behalf of Defendants. (Court Reporter Carol Naughton, OCR) (bap, ) (Main Document 78 replaced to correct typographical error (bap, ) (Entered: 01/16/2026)

Injunction BOND in the amount of $ $100.00 depositing cash in the registry by Virginia Electric and Power Company (bwell) (Entered: 01/16/2026)

Bond Receipt number 200009341 in the amount of $100.00. (bwell) (Entered: 01/16/2026)

ORDER - Dominion's request for a preliminary injunction is GRANTED. BOEM's December 22, 2025 order is STAYED. Dominion is ORDERED to pay a bond to the Clerk of the Court in the amount of $100.00. Signed by District Judge Jamar K. Walker on 1/16/2026. (dbra, ) (Entered: 01/16/2026)