Filed Date: Jan. 9, 2026
Case Ongoing
Clearinghouse coding complete
On January 9, 2026, the State of New York, by Attorney General Letitia James, and the New York State Energy Research and Development Authority (NYSERDA) filed a complaint in the United States District Court for the District of Columbia against federal officials including Douglas J. Burgum in his capacity as Secretary of the Interior and Matthew Giacona as Acting Director of the Bureau of Ocean Energy Management.
The plaintiffs challenged a December 22, 2025 Suspension Order issued by Acting Director Giacona that directed Empire Offshore Wind LLC and Empire Leaseholder LLC to "suspend all ongoing activities related to [the Empire Wind Project] on the Outer Continental Shelf for the next 90 days for reasons of national security". The Empire Wind Project is described as a commercial wind installation under construction in federal waters approximately 14 miles southeast of Long Island, with an expected capacity of 810 megawatts. According to the complaint, the project had been fully permitted since February 2024 and under construction since June 2024, with completion expected in 2027. The plaintiffs alleged that while the suspension was based on a November 2025 classified DOW assessment, BOEM had previously approved the project after extensive national security review. The complaint contained a single cause of action alleging the Suspension Order was arbitrary and capricious in violation of the Administrative Procedure Act. The plaintiffs sought declaratory and injunctive relief to vacate and enjoin enforcement of the Suspension Order, along with attorney's fees and costs.
The case was assigned to Judge Carl J. Nichols and consolidated with a related case Empire Leaseholder LLC v. Burgum, 26-cv-00004-CJN. All pleadings were ordered to proceed within the Empire Leaseholder docket.
This case is ongoing within Empire Leaseholder LLC v. Burgum.
Summary Authors
Maddy Ligon (2/26/2026)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72126766/parties/state-of-new-york-v-burgum/
Nichols, Carl John (District of Columbia)
Dimenstein, Libby (District of Columbia)
Hertzog, Rene (District of Columbia)
Mirman-Heslin, Laura (District of Columbia)
Sonnenfeldt, Joya C (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/72126766/state-of-new-york-v-burgum/
Last updated June 4, 2026, 3:43 a.m.
State / Territory:
Case Type(s):
Public Accommodations/ Contracting/ Organizational Discrimination
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: Jan. 9, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
State of New York, by Attorney General Letitia James, and the New York State Energy Research and Development Authority.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
Douglas J. Burgum
Matthew Giacona
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Other Dockets:
District of District of Columbia 1:26-cv-00071
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Environmental Justice and Resources:
Case Summary of State of New York v. Burgum, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47637/ (last updated 2/26/2026).