Case: Empire Leaseholder LLC v. Burgum

Empire Leaseholder LLC et al. v. Burgum et al.

NOTICE OF RELATED CASE by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. Case related to Case No. 25-2214. (Navaro, Ann) (Entered: 01/02/2026)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC (Navaro, Ann) (Entered: 01/02/2026)

COMPLAINT against BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, DEPARTMENT OF THE INTERIOR, Matthew Giacona (Fee Status:Filing Fee Waived) filed by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons Doug Burgum - INTERIOR, # 5 Summons INTERIOR, # 6 Summons Matthew Giacona - BOEM, # 7 Summons BOEM, # 8 Summons USAO-DC, # 9 Summons ENRD-DOJ, # 10 Summons USAG-DOJ-1, # 11 Summons USAG-DOJ-2)(Navaro, Ann) (Entered: 01/02/2026)

1 Exhibit A

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2 Exhibit B

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3 Civil Cover Sheet

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4 Summons Doug Burgum - INTERIOR

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5 Summons INTERIOR

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6 Summons Matthew Giacona - BOEM

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7 Summons BOEM

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8 Summons USAO-DC

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9 Summons ENRD-DOJ

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10 Summons USAG-DOJ-1

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11 Summons USAG-DOJ-2

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SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 01/02/2026)

Payment of Fee - Complaint/Petition

Case Assigned/Reassigned

Payment for 3 Complaint,,. ($405; Receipt number ADCDC-12163072). (Navaro, Ann)

Case Assigned to Judge Carl J. Nichols. (zhcn)

NOTICE of Appearance by David A. Super on behalf of EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC (Super, David) (Entered: 01/05/2026)

NOTICE of Appearance by Taylor M. Stuart on behalf of EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC (Stuart, Taylor) (Entered: 01/05/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tyler S. Johnson, Filing fee $ 100, receipt number ADCDC-12166498. Fee Status: Fee Paid. by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Declaration of Tyler S. Johnson, # 2 Text of Proposed Order)(Navaro, Ann) (Entered: 01/05/2026)

MOTION for Preliminary Injunction, MOTION to Stay Pending Review and Statement of Points and Authorities in Support by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B--Declaration of Theodore Muhlfelder, # 3 Exhibit C--Declaration of Elisabeth Treseder, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Text of Proposed Order)(Navaro, Ann) (Entered: 01/06/2026)

1 Exhibit A

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2 Exhibit B--Declaration of Theodore Muhlfelder

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3 Exhibit C--Declaration of Elisabeth Treseder

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Text of Proposed Order

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AMENDED NOTICE OF RELATED CASE by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. Case related to Case No. 25-cv-830. (Navaro, Ann) Modified on 1/7/2026 (mg). (Entered: 01/07/2026)

NOTICE of Appearance by Kristofor R. Swanson on behalf of BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR (Swanson, Kristofor) (Entered: 01/07/2026)

Order Setting Hearing on Motion AND ~Util - Set/Reset Deadlines

MINUTE ORDER. In light of Plaintiffs' 8 Motion for Preliminary Injunction, it is hereby ORDERED that the government shall respond to that Motion on or before January 13, 2026, at 12:00 PM. The Parties are also ORDERED to appear for a hearing on the Motion on January 14, 2026, at 10:00 AM in Courtroom 17. It is further ORDERED that on or before January 8, 2026, at 2:00 PM, the Parties shall file briefs of no longer than five pages on whether this case is properly designated as related to case 25-cv-2214 under Local Civil Rule 40.5. And it is ORDERED that Plaintiffs shall provide a copy of this Minute Order to the government in a timely manner. So ORDERED by Judge Carl J. Nichols on 01/07/2026. (lccjn2)

RESPONSE TO ORDER OF THE COURT re Order Setting Hearing on Motion,,, Set Deadlines,, filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor) (Entered: 01/08/2026)

RESPONSE TO ORDER OF THE COURT re Order Setting Hearing on Motion,,, Set Deadlines,, filed by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Navaro, Ann) (Entered: 01/08/2026)

NOTICE OF RELATED CASE by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. Case related to Case No. 26-cv-28. (Navaro, Ann) (Entered: 01/08/2026)

NOTICE. Signed by Judge Carl J. Nichols on 01/08/2026. (lccjn2) (Entered: 01/08/2026)

STANDING ORDER. Signed by Judge Carl J. Nichols on 01/08/2026. (lccjn2) (Entered: 01/08/2026)

NOTICE of Appearance by Tyler S. Johnson on behalf of EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC (Johnson, Tyler) (Entered: 01/08/2026)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. The Court having considered the 7 Motion for Leave to Appear Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the attorney referenced in the Motion is hereby ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. So ORDERED by Judge Carl J. Nichols on 01/08/2026. (lccjn2)

NOTICE of Appearance by Peter Martin Torstensen, Jr on behalf of All Defendants (Torstensen, Peter) (Entered: 01/09/2026)

NOTICE of Intent to Provide Classified Information for Ex Parte and In Camera Review by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR (Swanson, Kristofor) (Entered: 01/09/2026)

MOTION for Leave to File Amicus Brief by NORTH AMERICA'S BUILDING TRADES UNIONS. (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Newman, Jonathan) (Entered: 01/09/2026)

NOTICE of Appearance by Jonathan David Newman on behalf of NORTH AMERICA'S BUILDING TRADES UNIONS (Newman, Jonathan) (Entered: 01/09/2026)

NOTICE of Appearance by Jacob James Demree on behalf of NORTH AMERICA'S BUILDING TRADES UNIONS (Demree, Jacob) (Entered: 01/09/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Blake Andrew Phillips, Filing fee $ 100, receipt number ADCDC-12178403. Fee Status: Fee Paid. by NORTH AMERICA'S BUILDING TRADES UNIONS. (Attachments: # 1 Declaration Declaration for Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Proposed Order)(Demree, Jacob) (Entered: 01/09/2026)

MOTION for Leave to File Amicus Brief by SAVE LONG BEACH ISLAND, INC., PROTECT OUR COAST - LINY. (Attachments: # 1 Memorandum in Support Brief, # 2 Text of Proposed Order)(Stavola, Thomas) (Entered: 01/12/2026)

NOTICE of Appearance by Thomas William Stavola, Jr on behalf of PROTECT OUR COAST - LINY, SAVE LONG BEACH ISLAND, INC. (Stavola, Thomas) (Entered: 01/12/2026)

NOTICE of Appearance by Blake Phillips on behalf of NORTH AMERICA'S BUILDING TRADES UNIONS (Phillips, Blake) (Main Document 25 replaced on 1/13/2026) (znmw). (Entered: 01/12/2026)

NOTICE of Appearance by John Kenneth Adams on behalf of All Defendants (Adams, John) (Entered: 01/12/2026)

AMICUS BRIEF by NORTH AMERICA'S BUILDING TRADES UNIONS. (znmw) (Entered: 01/13/2026)

AMICUS BRIEF by PROTECT OUR COAST - LINY, SAVE LONG BEACH ISLAND, INC.. (znmw) (Entered: 01/13/2026)

Order on Motion for Leave to File Amicus Brief AND Order on Motion for Leave to File Amicus Brief

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. Upon consideration of North America's Building Trades Unions's 19 Motion for Leave to File Amicus Brief and Save Long Beach Island, Inc.'s 23 Motion for Leave to File Amicus Brief, those Motions are GRANTED. The Clerk is directed to file the proposed briefs. So ORDERED by Judge Carl J. Nichols on 01/12/2026. (lccjn2)

MINUTE ORDER. The Court having considered the 22 Motion for Leave to Appear Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the attorney referenced in the Motion is hereby ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. So ORDERED by Judge Carl J. Nichols on 01/12/2026. (lccjn2)

Memorandum in opposition to re 8 MOTION for Preliminary Injunction MOTION to Stay Pending Review and Statement of Points and Authorities in Support filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Exhibit BOEM ROD, # 2 Declaration J. Tyner Declaration, # 3 Declaration D. Marks Redacted Declaration)(Adams, John) (Entered: 01/13/2026)

1 Exhibit BOEM ROD

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2 Declaration J. Tyner Declaration

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3 Declaration D. Marks Redacted Declaration

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NOTICE of Providing Classified Materials for Ex Parte, In Camera Review by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR re 29 Memorandum in Opposition, (Swanson, Kristofor) (Entered: 01/13/2026)

MOTION for Leave to File a Reply, Hearing Transcript, and Rebuttal Declaration in Support of Plaintiffs Motion for Preliminary Injunction and Stay Pending Review by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Exhibit 1 - Reply ISO Motion for PI, # 2 Exhibit A to Reply - Hearing Tr, # 3 Exhibit B to Reply--Rebuttal Declaration of Patrick England, # 4 Text of Proposed Order)(Navaro, Ann) (Entered: 01/13/2026)

1 Exhibit 1 - Reply ISO Motion for PI

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2 Exhibit A to Reply - Hearing Tr

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3 Exhibit B to Reply--Rebuttal Declaration of Patrick England

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4 Text of Proposed Order

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NOTICE of Appearance by Stanley Edmund Woodward, Jr on behalf of All Defendants (Woodward, Stanley) (Entered: 01/14/2026)

Order on Motion for Leave to File

Order on Motion for Preliminary Injunction AND Order on Motion to Stay AND Preliminary Injunction

.Order AND ~Util - Set/Reset Hearings

MINUTE ORDER. The 31 Motion for Leave to File a Reply is GRANTED. The reply brief shall be deemed filed. So ORDERED by Judge Carl J. Nichols on 01/14/2026. (lccjn2)

Order on Motion for Preliminary Injunction

Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Preliminary Injunction held on 1/14/2026. 8 Motion for Preliminary Injunction and Stay; Taken under advisement. Further Communication or Order/Opinion to be issued by the Court. Court Reporter: Lorraine Herman. (zcam)

Order

MINUTE ORDER. The Parties are hereby ORDERED to appear for a telephonic hearing on January 15, 2026, at 11:00 AM, where the Court will issue an oral order regarding the 8 Motion for Preliminary Injunction. Members of the public may listen to the proceedings in Courtroom 17. So ORDERED by Judge Carl J. Nichols on 01/14/2026. (lccjn2)

Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Preliminary Injunction resumed on 1/15/2026. 8 Motion for Preliminary Injunction and Stay; GRANTED for reasons stated on the record by the Court. Joint Proposed Expedited Summary Judgment Briefing Schedule due by 1/20/2026 Court Reporter: Lorraine Herman. (zcam)

Order on Motion for Preliminary Injunction AND Order on Motion to Stay AND Preliminary Injunction AND ~Util - Set/Reset Deadlines

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/5/2026. Answer due for ALL FEDERAL DEFENDANTS by 3/6/2026. (Navaro, Ann) (Entered: 01/20/2026)

Joint MOTION for Scheduling Order by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Text of Proposed Order)(Navaro, Ann) (Entered: 01/20/2026)

1 Text of Proposed Order

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ORDER granting 34 Joint Motion for Scheduling Order. Signed by Judge Carl J. Nichols on 01/26/2026. (lccjn2) (Entered: 01/26/2026)

Cases Consolidated. The following cases have been consolidated with this case: 26cv71, pursuant to Order filed 1/30/2026 in 26cv71. From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (znmw)

Remark- Consolidation

Joint MOTION for Scheduling Order by STATE OF NEW YORK, NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. (Attachments: # 1 Text of Proposed Order)(Dimenstein, Libby) (Entered: 02/10/2026)

1 Text of Proposed Order

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF OCEAN ENERGY MANAGEMENT served on 1/16/2026; DOUGLAS J. BURGUM served on 1/16/2026; MATTHEW GIACONA served on 1/16/2026; U.S. DEPARTMENT OF THE INTERIOR served on 1/16/2026 (Dimenstein, Libby) (Entered: 02/11/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/20/2026. Answer due for ALL FEDERAL DEFENDANTS by 3/21/2026. (Dimenstein, Libby) (Entered: 02/11/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/21/2026. (Dimenstein, Libby) (Entered: 02/11/2026)

NOTICE of Administrative Record Certification by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Certification, # 2 Index)(Swanson, Kristofor) (Entered: 02/13/2026)

1 Certification

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2 Index

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MINUTE ORDER. Upon consideration of the 36 Joint Motion for Scheduling Order, that Motion is GRANTED. It is hereby ORDERED that the government's obligation to respond to the 3 Complaint is STAYED pending a ruling on summary judgment. It is further ORDERED that all Parties shall comply with the 35 Scheduling Order. So ORDERED by Judge Carl J. Nichols on 02/20/2026. (lccjn2)

Order on Motion for Scheduling Order

MOTION to Stay by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Text of Proposed Order)(Swanson, Kristofor) (Entered: 02/25/2026)

1 Text of Proposed Order

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MOTION Complete the Administrative Record or, in the Alternative, Allow for Extra-Record Review by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Navaro, Ann) (Entered: 02/27/2026)

MOTION to Consider Extra-Record Evidence by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. (Attachments: # 1 Exhibit 1 - Extra-Record Evidence, # 2 Exhibit 2 - Proposed Order)(Dimenstein, Libby) (Entered: 02/27/2026)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER. Upon consideration of the 41 Motion to Stay and Empire Wind's request in the 42 Motion to Complete the Administrative Record that the Court decide that motion "as soon as practicable so as to minimize impacts to the established summary judgment briefing schedule," it is hereby ORDERED that Empire Wind and the New York Plaintiffs, if they desire, shall file a response to the 41 Motion to Stay on or before March 4, 2026. It is further ORDERED that pursuant to the 35 Scheduling Order, the summary judgment briefing schedule is VACATED. So ORDERED by Judge Carl J. Nichols on 03/02/2026. (lccjn2)

Response to motion

Notice (Other)

Response to motion

.Order AND ~Util - Set/Reset Deadlines

Reply to opposition to motion

Order on Motion to Stay