Case: Empire Leaseholder LLC v. Burgum

1:26-cv-00004 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 2, 2026

Case Ongoing

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Case Summary

In February 2024, after a “seven-year, multi-agency, multi-million-dollar” review process, the Empire Wind Project was green lit by the United States government. The Project was set to build commercial wind turbines off the coast of Long Island, NY, providing “810 megawatts of renewable energy to the State of New York, capable of powering more than 500,000 homes, by 2027.” Empire Wind began construction in April 2024. On December 22, 2025, the Bureau of Ocean Management (“BOEM”), which is locat…

On December 22, 2025, the Bureau of Ocean Management (“BOEM”), which is located within the U.S. Department of the Interior, abruptly issued an order suspending construction of the Project (“Suspension Order”). The BOEM explained that “new and classified information [ ] led BOEM to conclude that approved lease activities must be suspended while the agency considers whether potential harms can be mitigated.” At that point, over $4 billion and ten years of preparation had already been put into the Project. On the same day, BOEM suspended activity for all offshore wind projects off the east coast.

The Empire Leaseholder LLC and Empire Offshore Wind LLC brought suit against the Department of the Interior and BOEM, and their agency heads, on January 2, 2026, in the U.S. District Court for the District of Columbia. The case was assigned to Judge Carl John Nichols. The complaint alleged that the Suspension Order was arbitrary and capricious in violation of the Administrative Procedure Act (“APA”); contrary to law in violation of the Outer Continental Shelf Lands Act (“OCSLA”), which provides the circumstances under which suspension can occur; and violated Empire Wind’s Fifth Amendment right to due process by depriving them of property without due process of law. Empire Wind sought declaratory and injunctive relief enjoining Defendants from implementing or enforcing the Suspension Order or otherwise relying on it to halt or delay Empire Wind’s lawful construction activities, as well as attorneys’ fees.

On January 6, 2026, Empire Wind also filed a motion for a preliminary injunction and a stay pending review to enjoin Defendants from requiring Empire Wind to suspend construction and activities related to the Empire Wind Project. They alleged irreparable harm if not permitted to continue construction by January 16, 2026, because the Project would face “likely termination due to disruption of a tightly choreographed construction schedule dependent on vessels with constrained availability, delay costs, and the existential threat to the Project financing caused by the Suspension Order.”

The Government-Defendants filed a memorandum in opposition to Empire Wind’s motion for a preliminary injunction on January 13, 2026. They argued that the Suspension Order was motivated by new national security information provided by the Department of War (formerly the Department of Defense), which “includ[ed] the rapid evolution of relevant adversary technologies and the resulting direct impacts to national security from offshore wind projects.” The Defendants submitted the classified information driving the Suspension Order for ex parte, in camera review by the court.

On January 15, 2025, the court issued an order granting Empire Winds’s motion for a preliminary injunction and stay pending review “for reasons stated on the record.” The court requested an expedited briefing schedule to decide the merits of the case.

The case is ongoing.

Summary Authors

Madena Mustafa (2/4/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72099689/parties/empire-leaseholder-llc-v-burgum/

Judge(s)

Attorney for Plaintiff

Johnson, Tyler S. (District of Columbia)

Attorney for Defendant

Adams, John Kenneth (District of Columbia)

Jr, Peter Martin (District of Columbia)

Expert/Monitor/Master/Other

Demree, Jacob James (District of Columbia)

Jr, Thomas William (District of Columbia)

Judge(s)

Nichols, Carl John (District of Columbia)

Attorney for Plaintiff

Johnson, Tyler S. (District of Columbia)

Navaro, Ann D. (District of Columbia)

Stuart, Taylor M. (District of Columbia)

Super, David A. (District of Columbia)

Attorney for Defendant

Adams, John Kenneth (District of Columbia)

Jr, Peter Martin (District of Columbia)

Swanson, Kristofor R. (District of Columbia)

Woodward, Stanley Edmund (District of Columbia)

Other

Demree, Jacob James (District of Columbia)

Jr, Thomas William (District of Columbia)

Newman, Jonathan David (District of Columbia)

Phillips, Blake (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3 1:26-cv-00004	Complaint Empire Leaseholder LLC et al. v. Burgum et al.	Jan. 2, 2026	Jan. 2, 2026 Complaint
8 1:26-cv-00004	Empire Wind's Motion for Preliminary Injunction and Stay Pending Review	Jan. 6, 2026	Jan. 6, 2026 Pleading / Motion / Brief
29 1:26-cv-00004	Federal Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction and Stay Pending Review	Jan. 13, 2026	Jan. 13, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72099689/empire-leaseholder-llc-v-burgum/

Last updated Aug. 30, 2026, 3:30 a.m.

Docket for: EMPIRE LEASEHOLDER LLC v. BURGUM

ECF Number	Date	Description	Link
1	Jan. 2, 2026	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)	RECAP
2	Jan. 2, 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)	RECAP
3	Jan. 2, 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 View on PACER 2 Exhibit B View on PACER 3 Civil Cover Sheet View on PACER 4 Summons Doug Burgum - INTERIOR View on PACER 5 Summons INTERIOR View on PACER 6 Summons Matthew Giacona - BOEM View on PACER 7 Summons BOEM View on PACER 8 Summons USAO-DC View on PACER 9 Summons ENRD-DOJ View on PACER 10 Summons USAG-DOJ-1 View on PACER 11 Summons USAG-DOJ-2 View on PACER	Clearinghouse
4	Jan. 2, 2026	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)	RECAP
	Jan. 2, 2026	Payment of Fee- Complaint/Petition
	Jan. 2, 2026	Case Assigned/Reassigned
	Jan. 2, 2026	Payment for 3 Complaint,,. ($405; Receipt number ADCDC-12163072). (Navaro, Ann)
	Jan. 2, 2026	Case Assigned to Judge Carl J. Nichols. (zhcn)
5	Jan. 5, 2026	NOTICE of Appearance by David A. Super on behalf of EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC (Super, David) (Entered: 01/05/2026)	RECAP
6	Jan. 5, 2026	NOTICE of Appearance by Taylor M. Stuart on behalf of EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC (Stuart, Taylor) (Entered: 01/05/2026)	RECAP
7	Jan. 5, 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)	RECAP
8	Jan. 6, 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 View on RECAP 2 Exhibit B--Declaration of Theodore Muhlfelder View on RECAP 3 Exhibit C--Declaration of Elisabeth Treseder View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP 10 Exhibit J View on RECAP 11 Exhibit K View on RECAP 12 Exhibit L View on RECAP 13 Exhibit M View on RECAP 14 Text of Proposed Order View on RECAP	Clearinghouse
9	Jan. 7, 2026	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)	RECAP
10	Jan. 7, 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)	RECAP
	Jan. 7, 2026	Order Setting Hearing on Motion
	Jan. 7, 2026	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)
11	Jan. 8, 2026	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)	RECAP
12	Jan. 8, 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)	RECAP
13	Jan. 8, 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)	RECAP
14	Jan. 8, 2026	NOTICE. Signed by Judge Carl J. Nichols on 01/08/2026. (lccjn2) (Entered: 01/08/2026)	RECAP
15	Jan. 8, 2026	STANDING ORDER. Signed by Judge Carl J. Nichols on 01/08/2026. (lccjn2) (Entered: 01/08/2026)	RECAP
16	Jan. 8, 2026	NOTICE of Appearance by Tyler S. Johnson on behalf of EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC (Johnson, Tyler) (Entered: 01/08/2026)	RECAP
	Jan. 8, 2026	Order on Motion for Leave to Appear Pro Hac Vice
	Jan. 8, 2026	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)
17	Jan. 9, 2026	NOTICE of Appearance by Peter Martin Torstensen, Jr on behalf of All Defendants (Torstensen, Peter) (Entered: 01/09/2026)	RECAP
18	Jan. 9, 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)	RECAP
19	Jan. 9, 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)	RECAP
20	Jan. 9, 2026	NOTICE of Appearance by Jonathan David Newman on behalf of NORTH AMERICA'S BUILDING TRADES UNIONS (Newman, Jonathan) (Entered: 01/09/2026)	RECAP
21	Jan. 9, 2026	NOTICE of Appearance by Jacob James Demree on behalf of NORTH AMERICA'S BUILDING TRADES UNIONS (Demree, Jacob) (Entered: 01/09/2026)	RECAP
22	Jan. 9, 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)	RECAP
23	Jan. 12, 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)	RECAP
24	Jan. 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)	RECAP
25	Jan. 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)	RECAP
26	Jan. 12, 2026	NOTICE of Appearance by John Kenneth Adams on behalf of All Defendants (Adams, John) (Entered: 01/12/2026)	RECAP
27	Jan. 12, 2026	AMICUS BRIEF by NORTH AMERICA'S BUILDING TRADES UNIONS. (znmw) (Entered: 01/13/2026)	RECAP
28	Jan. 12, 2026	AMICUS BRIEF by PROTECT OUR COAST - LINY, SAVE LONG BEACH ISLAND, INC.. (znmw) (Entered: 01/13/2026)	RECAP
	Jan. 12, 2026	Order on Motion for Leave to File Amicus Brief
	Jan. 12, 2026	Order on Motion for Leave to Appear Pro Hac Vice
	Jan. 12, 2026	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)
	Jan. 12, 2026	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)
29	Jan. 13, 2026	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 View on RECAP 2 Declaration J. Tyner Declaration View on RECAP 3 Declaration D. Marks Redacted Declaration View on RECAP	Clearinghouse
30	Jan. 13, 2026	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)	RECAP
31	Jan. 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 View on RECAP 2 Exhibit A to Reply - Hearing Tr View on RECAP 3 Exhibit B to Reply--Rebuttal Declaration of Patrick England View on RECAP 4 Text of Proposed Order View on RECAP	RECAP
32	Jan. 14, 2026	NOTICE of Appearance by Stanley Edmund Woodward, Jr on behalf of All Defendants (Woodward, Stanley) (Entered: 01/14/2026)	RECAP
	Jan. 14, 2026	Order on Motion for Leave to File
	Jan. 14, 2026	Order on Motion for Preliminary Injunction AND Order on Motion to Stay AND Preliminary Injunction
	Jan. 14, 2026	.Order AND ~Util - Set/Reset Hearings
	Jan. 14, 2026	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)
	Jan. 14, 2026	Order on Motion for Preliminary Injunction
	Jan. 14, 2026	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)
	Jan. 14, 2026	Order
	Jan. 14, 2026	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)
	Jan. 15, 2026	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)
	Jan. 15, 2026	Order on Motion for Preliminary Injunction
33	Jan. 20, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/5/2026. Answer due for ALL FEDERAL DEFENDANTS by 3/6/2026. (Navaro, Ann) (Entered: 01/20/2026)	RECAP
34	Jan. 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 View on PACER	RECAP
35	Jan. 26, 2026	ORDER granting 34 Joint Motion for Scheduling Order. Signed by Judge Carl J. Nichols on 01/26/2026. (lccjn2) (Entered: 01/26/2026)	RECAP
	Jan. 30, 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)
	Feb. 3, 2026	Remark- Consolidation
36	Feb. 10, 2026	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 View on RECAP	RECAP
37	Feb. 11, 2026	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)	RECAP
38	Feb. 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)	RECAP
39	Feb. 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)	RECAP
40	Feb. 13, 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 View on RECAP 2 Index View on RECAP	RECAP
	Feb. 20, 2026	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)
	Feb. 20, 2026	Order on Motion for Scheduling Order
41	Feb. 25, 2026	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 View on PACER	RECAP
42	Feb. 27, 2026	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)	RECAP
43	Feb. 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)	RECAP
	March 2, 2026	.Order AND ~Util - Set/Reset Deadlines
	March 2, 2026	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)
44	March 4, 2026	RESPONSE re 41 MOTION to Stay filed by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Navaro, Ann) (Entered: 03/04/2026)	RECAP
45	March 4, 2026	NOTICE of Exhibit 1 to [#44] Empire Wind's Opposition to Defendants' Motion to Stay by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC re 44 Response to motion (Navaro, Ann) (Entered: 03/04/2026)	RECAP
46	March 4, 2026	RESPONSE re 41 MOTION to Stay filed by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. (Dimenstein, Libby) (Entered: 03/04/2026)	RECAP
	March 5, 2026	MINUTE ORDER. It is hereby ORDERED that the government shall file a reply in support of its 41 Motion to Stay on or before March 9, 2026. So ORDERED by Judge Carl J. Nichols on 03/05/2026. (lccjn2)
	March 5, 2026	.Order AND ~Util - Set/Reset Deadlines
47	March 9, 2026	REPLY to opposition to motion re 41 Motion to Stay filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor) (Entered: 03/09/2026)	RECAP
	March 9, 2026	Order on Motion to Stay
	March 9, 2026	MINUTE ORDER. Upon consideration of the 41 Motion to Stay, 44 Response, 46 Response, and 47 Reply, that Motion is DENIED. The government has not met its burden to justify a stay. See Ctr. for Biological Diversity v. Ross, 419 F. Supp. 3d 16, 20 (D.D.C. 2019). The harm to the government from this denial is minimal because the only filings it must make between now and April 1 are its responses to the 42 Motion to Complete the Administrative Record and 43 Motion to Consider Extra-Record Evidence. And the government's concern about potential future actions is too speculative, at this stage, for considerations of judicial economy to weigh in its favor. The Court recognizes that the resolution of the 42 and 43 Motions and further actions at the agency level may have a significant impact on the future course of this litigation. So ORDERED by Judge Carl J. Nichols on 03/09/2026. (lccjn2)
48	March 12, 2026	Memorandum in opposition to re 43 MOTION to Consider Extra-Record Evidence, 42 MOTION Complete the Administrative Record or, in the Alternative, Allow for Extra-Record Review filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor) (Entered: 03/12/2026)	RECAP
49	March 19, 2026	REPLY to opposition to motion re 42 Motion for Miscellaneous Relief, filed by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Exhibit A)(Navaro, Ann) (Entered: 03/19/2026) 1 Exhibit A View on PACER	RECAP
50	March 19, 2026	REPLY to opposition to motion re 43 Motion for Miscellaneous Relief filed by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. (Dimenstein, Libby) (Entered: 03/19/2026)	RECAP
51	April 3, 2026	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests Amended by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC (Navaro, Ann) (Entered: 04/03/2026)	RECAP
52	April 9, 2026	ORDER denying in part and holding in abeyance in part 42 Motion and holding in abeyance 43 Motion. Signed by Judge Carl J. Nichols on 04/09/2026. (lccjn2) (Entered: 04/09/2026)	RECAP
53	April 15, 2026	Joint MOTION for Scheduling Order by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Text of Proposed Order)(Navaro, Ann) (Entered: 04/15/2026) 1 Text of Proposed Order View on PACER	RECAP
54	April 22, 2026	ORDER granting 53 Joint Motion for Scheduling Order. Signed by Judge Carl J. Nichols on 04/22/2026. (lccjn2) (Entered: 04/22/2026)	RECAP
55	May 12, 2026	MOTION for Summary Judgment by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A -- 2026-04-16 BOEM Stop Work Order, # 3 Exhibit B - 2026-05-19 Amendment to BOEM Stop Work Order, # 4 Exhibit C - 2026-01-15 Hrg. Tr. (Empire Leaseholder), # 5 Exhibit D - 2026-01-12 HHrg. Tr. (Revolution Wind), # 6 Exhibit E - 2026-01-16 Hrg. Tr. (Virginia Electric), # 7 Exhibit F - 2026-02-02 Hrg. Tr. (Sunrise), # 8 Exhibit G - 2026-01-27 Hrg. Tr. (Vineyward Wind), # 9 Text of Proposed Order)(Navaro, Ann) (Entered: 05/12/2026) 1 Memorandum in Support View on PACER 2 Exhibit A -- 2026-04-16 BOEM Stop Work Order View on PACER 3 Exhibit B - 2026-05-19 Amendment to BOEM Stop Work Order View on PACER 4 Exhibit C - 2026-01-15 Hrg. Tr. (Empire Leaseholder) View on PACER 5 Exhibit D - 2026-01-12 HHrg. Tr. (Revolution Wind) View on PACER 6 Exhibit E - 2026-01-16 Hrg. Tr. (Virginia Electric) View on PACER 7 Exhibit F - 2026-02-02 Hrg. Tr. (Sunrise) View on PACER 8 Exhibit G - 2026-01-27 Hrg. Tr. (Vineyward Wind) View on PACER 9 Text of Proposed Order View on PACER	RECAP
56	May 12, 2026	MOTION for Summary Judgment by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. (Attachments: # 1 Exhibit Ex. 1 - Sassine Declaration, # 2 Text of Proposed Order)(Dimenstein, Libby) (Entered: 05/12/2026) 1 Exhibit Ex. 1 - Sassine Declaration View on PACER 2 Text of Proposed Order View on PACER	RECAP
57	May 15, 2026	NOTICE of Appearance by Monica Blong Wagner on behalf of NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK (Wagner, Monica) (Entered: 05/15/2026)	RECAP
58	June 16, 2026	Memorandum in opposition to re 55 MOTION for Summary Judgment, 56 MOTION for Summary Judgment filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor) (Entered: 06/16/2026)	RECAP
59	June 16, 2026	Cross MOTION for Summary Judgment by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, U.S. DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Swanson, Kristofor) (Entered: 06/16/2026) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on RECAP	RECAP
60	July 14, 2026	REPLY to opposition to motion re 55 Motion for Summary Judgment,, and Opposition to Federal Defendants' Cross-Motion for Summary Judgment filed by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Navaro, Ann) (Entered: 07/14/2026)	RECAP
61	July 14, 2026	Memorandum in opposition to re 59 Cross MOTION for Summary Judgment and Reply in support of Its Motion for Summary Judgment filed by EMPIRE LEASEHOLDER LLC, EMPIRE OFFSHORE WIND LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Navaro, Ann) (Entered: 07/14/2026)	RECAP
62	July 14, 2026	Memorandum in opposition to re 59 Cross MOTION for Summary Judgment and Reply in Support of the State's Motion for Summary Judgment filed by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. (Dimenstein, Libby) (Entered: 07/14/2026)	RECAP
63	July 14, 2026	REPLY to opposition to motion re 56 Motion for Summary Judgment and Opposition to Agency Defendants' Cross-Motion for Summary Judgment filed by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. (Dimenstein, Libby) (Entered: 07/14/2026)	RECAP
64	July 25, 2026	Unopposed MOTION for Extension of Time to File Response/Reply as to 59 Cross MOTION for Summary Judgment 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: 07/25/2026)	RECAP
	July 27, 2026	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
	July 27, 2026	MINUTE ORDER. Upon consideration of the 64 Unopposed Motion for Extension of Time, that Motion is GRANTED. It is ORDERED that the government shall file its reply on or before August 14, 2026, and the Parties shall file the Rule 7(n) appendix on or before August 21, 2026. So ORDERED by Judge Carl J. Nichols on 07/27/2026. (lccjn2)
65	Aug. 14, 2026	Reply to opposition to motion	RECAP
66	Aug. 19, 2026	Notice of Withdrawal of Appearance	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 2, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Empire Leaseholder LLC and Empire Offshore Wind LLC

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Bureau of Ocean Management

Douglas Burnum

Matthew Giacona

U.S. Department of the Interior

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Takings

Other Dockets:

District of District of Columbia 1:26-cv-00004

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reinstatement (job, contract, grant, etc.)

Issues

General/Misc.:

Funding

Recommended Citation

Case Summary of Empire Leaseholder LLC v. Burgum, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47573/ (last updated 2/4/2026).

Case: Empire Leaseholder LLC v. Burgum

1:26-cv-00004 | U.S. District Court for the District of District of Columbia

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Docket for: EMPIRE LEASEHOLDER LLC v. BURGUM

Case Details