Case: Sunrise Wind LLC v. Burgum

Sunrise Wind LLC v. Burgum et al.

COMPLAINT against BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, KENNETH STEVENS, UNITED STATES DEPARTMENT OF THE INTERIOR ( Filing fee $ 405 receipt number ADCDC-12169807) filed by SUNRISE WIND LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons to Douglas J. Burgum, # 6 Summons to United States Department of the Interior, # 7 Summons to Matthew Giacona, # 8 Summons to Bureau of Ocean Energy Management, # 9 Summons to Kenneth Stevens, # 10 Summons to Bureau of Safety and Environmental Enforcement, # 11 Summons to United States Attorney, # 12 Summons to United States Attorney General)(Schneider, Janice) (Entered: 01/06/2026)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Civil Cover Sheet

View on RECAP

5 Summons to Douglas J. Burgum

View on PACER

6 Summons to United States Department of the Interior

View on PACER

7 Summons to Matthew Giacona

View on PACER

8 Summons to Bureau of Ocean Energy Management

View on PACER

9 Summons to Kenneth Stevens

View on PACER

10 Summons to Bureau of Safety and Environmental Enforcement

View on PACER

11 Summons to United States Attorney

View on PACER

12 Summons to United States Attorney General

View on PACER

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SUNRISE WIND LLC (Schneider, Janice) (Entered: 01/06/2026)

NOTICE OF RELATED CASE by SUNRISE WIND LLC. Case related to Case No. 1:25-cv-2999. (Schneider, Janice) (Entered: 01/06/2026)

NOTICE of Appearance by Stacey Lynn VanBelleghem on behalf of SUNRISE WIND LLC (VanBelleghem, Stacey) (Entered: 01/06/2026)

NOTICE of Appearance by Roman Martinez on behalf of SUNRISE WIND LLC (Martinez, Roman) (Entered: 01/06/2026)

NOTICE of Appearance by Devin M. O'Connor on behalf of SUNRISE WIND LLC (O'Connor, Devin) (Entered: 01/06/2026)

NOTICE of Appearance by Rachael Lynn Westmoreland on behalf of SUNRISE WIND LLC (Westmoreland, Rachael) (Entered: 01/06/2026)

ERRATA by SUNRISE WIND LLC re 1 Complaint,,,. (Attachments: # 1 Corrected Complaint)(Schneider, Janice) (Entered: 01/07/2026)

1 Corrected Complaint

View on RECAP

Notice of Error- New Case

NOTICE OF NEW CASE ERROR regarding 1 Complaint,,,. The following error(s) need correction: Noncompliance with LCvR 5.1(c). Please file a Notice of Errata stating the error and attach the corrected initiating pleading to include the name & full residence address of each party and file using the event Errata. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmw)

SUMMONS (8) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 01/08/2026)

1 Notice and Consent

View on PACER

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/8/2026. Answer due for ALL FEDERAL DEFENDANTS by 3/9/2026. (Schneider, Janice) (Entered: 01/08/2026)

Case Assigned/Reassigned

Case Assigned to Judge Royce C. Lamberth. (znmw)

MOTION for Preliminary Injunction and Stay Pending Review by SUNRISE WIND LLC. (Attachments: # 1 Exhibit A - Declaration of Ryan Chaytors, # 2 Exhibit B - Declaration of Edward LeBlanc, # 3 Exhibit C - Declaration of Bryan Stockton, # 4 Text of Proposed Order)(Schneider, Janice). Added MOTION to Stay on 1/12/2026 (znmw). (Entered: 01/09/2026)

1 Exhibit A - Declaration of Ryan Chaytors

View on RECAP

2 Exhibit B - Declaration of Edward LeBlanc

View on RECAP

3 Exhibit C - Declaration of Bryan Stockton

View on RECAP

4 Text of Proposed Order

View on RECAP

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by SUNRISE WIND LLC (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Chaytors Declaration Exhibit 2, # 2 Text of Proposed Order)(Schneider, Janice) (Entered: 01/09/2026)

NOTICE of Appearance by Kristofor R. Swanson on behalf of BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, KENNETH STEVENS, UNITED STATES DEPARTMENT OF THE INTERIOR (Swanson, Kristofor) (Entered: 01/11/2026)

RESPONSE re 3 Notice of Related Case Federal Defendants' Objection to Designation as Related Case filed by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, KENNETH STEVENS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Swanson, Kristofor) (Entered: 01/11/2026)

REPLY re 14 Response to Document, 3 Notice of Related Case // Plaintiff Sunrise Wind LLC's Response to Defendants' Objection to Designation as Related Case filed by SUNRISE WIND LLC. (Attachments: # 1 Exhibit A)(Schneider, Janice) Modified event title on 1/14/2026 (znmw). (Entered: 01/13/2026)

Joint MOTION for Scheduling Order regarding Plaintiff's motion for preliminary relief by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, KENNETH STEVENS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Text of Proposed Order)(Swanson, Kristofor) (Entered: 01/14/2026)

1 Text of Proposed Order

View on RECAP

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: 01/14/2026)

NOTICE of Appearance by Jonathan David Newman on behalf of NORTH AMERICA'S BUILDING TRADES UNIONS (Newman, Jonathan) (Entered: 01/14/2026)

NOTICE of Appearance by Jacob James Demree on behalf of NORTH AMERICA'S BUILDING TRADES UNIONS (Demree, Jacob) (Entered: 01/14/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Blake Andrew Phillips, Filing fee $ 100, receipt number ADCDC-12186519. 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: 01/14/2026)

ORDER granting 12 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Royce C. Lamberth on 1/15/2026. (lcrcl1) (Entered: 01/15/2026)

ORDER granting 16 Motion for Scheduling Order. Federal Defendants' Response due by 1/23/2026. Plaintiff's Reply due by 1/29/2026. Preliminary Injunction Hearing set for 2/2/2026 at 11:00 AM in Courtroom 15- In Person before Judge Royce C. Lamberth. Signed by Judge Royce C. Lamberth on 1/15/2026. (lcrcl1) (Entered: 01/15/2026)

ORDER granting 17 Motion for Leave to File Amicus Brief. Signed by Judge Royce C. Lamberth on 1/15/2026. (lcrcl1) (Entered: 01/15/2026)

SEALED DOCUMENT (Exhibit 2) filed by SUNRISE WIND LLC. re 11 Motion for Preliminary Injunction,, Motion to Stay,. (This document is SEALED and only available to authorized persons.)(znmw) (Entered: 01/16/2026)

AMICUS BRIEF by NORTH AMERICA'S BUILDING TRADES UNIONS. (znmw) (Entered: 01/16/2026)

MINUTE ORDER: The Federal Defendants' Objection to Designation as Related Case 14 is overruled. Signed by Judge Royce C. Lamberth on 1/15/26. (lcrcl1)

.Order

NOTICE OF SUPPLEMENTAL AUTHORITY by SUNRISE WIND LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(VanBelleghem, Stacey) (Entered: 01/20/2026)

1 Exhibit A

View on RECAP

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

NOTICE of Appearance by Blake Phillips on behalf of NORTH AMERICA'S BUILDING TRADES UNIONS (Phillips, Blake) (Entered: 01/22/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/14/2026. (VanBelleghem, Stacey) (Entered: 01/22/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF OCEAN ENERGY MANAGEMENT served on 1/13/2026; BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT served on 1/12/2026; DOUGLAS J. BURGUM served on 1/20/2026; MATTHEW GIACONA served on 1/13/2026; KENNETH STEVENS served on 1/12/2026; UNITED STATES DEPARTMENT OF THE INTERIOR served on 1/13/2026 (VanBelleghem, Stacey) (Entered: 01/22/2026)

MINUTE ORDER granting 20 Motion for Leave to Appear 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. Signed by Judge Royce C. Lamberth on 1/22/2026. (lcrcl1)

Order on Motion for Leave to Appear Pro Hac Vice

NOTICE of Appearance by Amber Dutton-Bynum on behalf of BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, KENNETH STEVENS, UNITED STATES DEPARTMENT OF THE INTERIOR (Dutton-Bynum, Amber) (Entered: 01/23/2026)

Memorandum in opposition to re 11 MOTION for Preliminary Injunction and Stay Pending Review MOTION to Stay filed by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, KENNETH STEVENS, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Declaration Giacona Declaration, # 2 Sunrise Wind Project ROD, # 3 Declaration Marks Declaration (unclassified))(Dutton-Bynum, Amber) (Entered: 01/23/2026)

1 Declaration Giacona Declaration

View on PACER

2 Sunrise Wind Project ROD

View on PACER

3 Declaration Marks Declaration (unclassified)

View on PACER

Cases Consolidated: The following cases have been consolidated with this case: 26cv72, pursuant to Order filed 1/23/2026 in 26cv72. 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)

NOTICE of Providing Classified Materials for Ex Parte, In Camera Review by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, KENNETH STEVENS, UNITED STATES DEPARTMENT OF THE INTERIOR re 31 Memorandum in Opposition, (Swanson, Kristofor) (Entered: 01/26/2026)

REPLY to opposition to motion re 11 Motion for Preliminary Injunction,, Motion to Stay, filed by SUNRISE WIND LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Schneider, Janice) (Entered: 01/29/2026)

MOTION for Leave to File Supplemental Declarations in Support of Plaintiff's Motion for Preliminary Injunction and Stay Pending Review by SUNRISE WIND LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Schneider, Janice) (Entered: 01/29/2026)

ORDER granting 34 Motion for Leave to File Supplemental Declarations in Support of Plaintiff's Motion for Preliminary Injunction and Stay Pending Review. Signed by Judge Royce C. Lamberth on 1/30/2026. (lcrcl1) (Main Document 35 replaced on 1/30/2026) (zsmc). (Entered: 01/30/2026)

NOTICE of Appearance by John Kenneth Adams on behalf of All Defendants (Adams, John) (Entered: 01/30/2026)

SUPPLEMENTAL DECLARATIONS to re 11 MOTION for Preliminary Injunction and Stay Pending Review MOTION to Stay filed by SUNRISE WIND LLC. (Attachments: # 1 Declaration, # 2 Declaration)(znmw) (Entered: 02/03/2026)

1 Declaration

View on PACER

2 Declaration

View on PACER

MINUTE ORDER: The court will provide access for the public to telephonically attend the hearing scheduled for February 2, 2026, at 11:00 AM. The hearing can be accessed by dialing the Toll-Free Number: 833-990-9400 (Meeting ID: 720718696). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. The public is advised that in the event of technical issues, the public line will be terminated and will not be restored. Given that Court will be actively in session, listeners should not contact chambers should that occur. So Ordered. Signed by Judge Royce C. Lamberth on January 30, 2026. (smc)

Order

Minute Order and Entry for Proceedings held before Judge Royce C. Lamberth: Preliminary Injunction held on 2/2/2026 in cases 1:26-cv-00028-RCL and 1:26-cv-00072-RCL. Motion 11 in case 1:26-cv-00028-RCL; GRANTED for reasons stated on the record by the Court. Motion 9 in case 1:26-cv-00072-RCL; GRANTED for reasons stated on the record by the Court. Court Reporter: Timothy Miller. (zcam)

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

TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Royce C. Lamberth held on 2-2-26; Page Numbers: 1-64; Date of Issuance: 2-3-26; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/24/2026. Redacted Transcript Deadline set for 3/6/2026. Release of Transcript Restriction set for 5/4/2026.(Miller, Timothy) (Entered: 02/03/2026)

Remark- Consolidation

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; UNITED STATES 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 Appearance by Libby Dimenstein on behalf of STATE OF NEW YORK, NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (Dimenstein, Libby) (Main Document 42 replaced on 2/12/2026) (znmw). (Entered: 02/11/2026)

MOTION to Stay by BUREAU OF OCEAN ENERGY MANAGEMENT, BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Text of Proposed Order)(Swanson, Kristofor) (Entered: 02/27/2026)