Case: State of New York v. Burgum

1:26-cv-00072 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 9, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was brought by the State of New York and the New York Energy and Development Authority (NYSERDA) to challenge the Trump Administration's decision to suspend permitting for the Sunrise Wind Farm and Sunrise Wind Export Cable (Sunrise Wind Project), which would power more than 600,000 New York homes. On January 9, 2026, Plaintiffs filed this lawsuit against the Department of the Interior (DOI) and the Bureau of Ocean Energy Management (BOEM) in the U.S. District Court for the District o…

This case was brought by the State of New York and the New York Energy and Development Authority (NYSERDA) to challenge the Trump Administration's decision to suspend permitting for the Sunrise Wind Farm and Sunrise Wind Export Cable (Sunrise Wind Project), which would power more than 600,000 New York homes.

On January 9, 2026, Plaintiffs filed this lawsuit against the Department of the Interior (DOI) and the Bureau of Ocean Energy Management (BOEM) in the U.S. District Court for the District of Columbia. Plaintiffs alleged that defendants' decision to issue a "halt work order" for the Sunrise Wind Project violated the Administrative Procedure Act (APA). The halt work order was issued pursuant to President Trump's Wind Order Memo - which halted all federal approvals necessary to develop offshore and onshore wind energy - and President Trump's declaration of an energy emergency. Plaintiffs sought declaratory and injunctive relief to vacate the halt work order and to allow the Sunrise Wind Project to continue. This case was assigned to U.S. District Judge Royce C. Lamberth. 

On January 16, 2026, plaintiffs filed a motion for a preliminary injunction to stay the halt work order. On February 2, 2026, Judge Lamberth granted plaintiffs' motion and allowed the Sunrise Wind Project to continue during the litigation.

This case is ongoing.

Summary Authors

Nick Martire (3/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72126847/parties/state-of-new-york-v-burgum/


Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorney for Plaintiff

Dimenstein, Libby (District of Columbia)

Hertzog, Rene (District of Columbia)

Attorney for Defendant

Adams, John Kenneth (District of Columbia)

Dutton-Bynum, Amber (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:26-cv-00072

Complaint for Declaratory and Injunctive Relief

Jan. 9, 2026

Jan. 9, 2026

Complaint
9

1:26-cv-00072

Plaintiffs' Motion for Preliminary Injunction and Stay Pending Review

Jan. 16, 2026

Jan. 16, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72126847/state-of-new-york-v-burgum/

Last updated April 20, 2026, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, Matthew Giacona, UNITED STATES DEPARTMENT OF THE INTERIOR (Fee Status:Filing Fee Waived) filed by STATE OF NEW YORK, NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Burgum, # 3 Summons Interior, # 4 Summons Giacona, # 5 Summons BOEM)(Wagner, Monica) (Entered: 01/09/2026)

1 Civil Cover Sheet

View on PACER

2 Summons Burgum

View on PACER

3 Summons Interior

View on PACER

4 Summons Giacona

View on PACER

5 Summons BOEM

View on PACER

Jan. 9, 2026

Jan. 9, 2026

Clearinghouse
2

NOTICE OF RELATED CASE by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. Case related to Case No. 26cv28. (Wagner, Monica) (Entered: 01/09/2026)

Jan. 9, 2026

Jan. 9, 2026

3

NOTICE of Appearance by Libby Dimenstein on behalf of NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK (Dimenstein, Libby) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

4

NOTICE of Appearance by Rene Hertzog on behalf of All Plaintiffs (Hertzog, Rene) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

5

SUMMONS (4) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

6

REQUEST FOR SUMMONS TO ISSUE filed by STATE OF NEW YORK, NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. (Attachments: # 1 Summons U.S. Attorney General)(Wagner, Monica) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

7

NOTICE of Appearance by Joya C Sonnenfeldt on behalf of All Plaintiffs (Sonnenfeldt, Joya) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

Notice of Error- New Case

Jan. 12, 2026

Jan. 12, 2026

Case Assigned/Reassigned

Jan. 12, 2026

Jan. 12, 2026

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zhcn)

Jan. 12, 2026

Jan. 12, 2026

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

Jan. 12, 2026

Jan. 12, 2026

8

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 01/13/2026)

Jan. 13, 2026

Jan. 13, 2026

9

MOTION for Preliminary Injunction, MOTION to Stay by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. (Attachments: # 1 Declaration of Gregory Lampman (NSERDA), # 2 Declaration of Sanjay Seth (NYSDEC), # 3 Text of Proposed Order)(Sonnenfeldt, Joya) (Entered: 01/16/2026)

1 Declaration of Gregory Lampman (NSERDA)

View on PACER

2 Declaration of Sanjay Seth (NYSDEC)

View on PACER

3 Text of Proposed Order

View on PACER

Jan. 16, 2026

Jan. 16, 2026

Clearinghouse
10

NOTICE of Appearance by Laura Mirman-Heslin on behalf of NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK (Mirman-Heslin, Laura) (Entered: 01/20/2026)

Jan. 20, 2026

Jan. 20, 2026

11

NOTICE of Appearance by Kristofor R. Swanson on behalf of BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, UNITED STATES DEPARTMENT OF THE INTERIOR (Swanson, Kristofor) (Entered: 01/21/2026)

Jan. 21, 2026

Jan. 21, 2026

12

Joint MOTION for Scheduling Order by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Text of Proposed Order)(Swanson, Kristofor) (Entered: 01/21/2026)

1 Text of Proposed Order

View on PACER

Jan. 21, 2026

Jan. 21, 2026

13

ORDER granting 12 Motion for Scheduling Order. Federal Defendants shall file their response to 9 Plaintiffs' Motion for Preliminary Injunction by 1/28/26 at 1:00 PM. Plaintiffs shall file any motion for leave to file a reply brief by 1/30/2026 at 4:00 PM. The Court will hold a hearing on 9 Plaintiffs' Motion for Preliminary Injunction on 2/2/2026 at 11:00 AM in Courtroom 15- In Person before Judge Royce C. Lamberth, concurrently with the preliminary injunction hearing in Sunrise Wind LLC v. Burgum, Case No. 26-cv-28. Signed by Judge Royce C. Lamberth on 1/21/2026. (lcrcl1) (Entered: 01/21/2026)

Jan. 21, 2026

Jan. 21, 2026

14

Consent MOTION to Consolidate Cases by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. (Attachments: # 1 Text of Proposed Order)(Dimenstein, Libby) (Entered: 01/22/2026)

Jan. 22, 2026

Jan. 22, 2026

15

ORDER granting 14 Motion to Consolidate Cases. The Clerk's Office is respectfully directed to consolidate Sunrise Wind LLC v. Burgum (Case No. 26-cv-28), and New York v. Burgum (Case No. 26-cv-72), and to file a copy of this order in both cases. All future documents in these cases shall be filed in Sunrise Wind LLC v. Burgum, Case No. 26-cv-28. Signed by Judge Royce C. Lamberth on 1/23/2026. (lcrcl1) (Entered: 01/23/2026)

Jan. 23, 2026

Jan. 23, 2026

RECAP
16

NOTICE of Appearance by Amber Dutton-Bynum on behalf of BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, UNITED STATES DEPARTMENT OF THE INTERIOR (Dutton-Bynum, Amber) (Entered: 01/28/2026)

Jan. 28, 2026

Jan. 28, 2026

17

Memorandum in opposition to re 9 MOTION for Preliminary Injunction MOTION to Stay filed by BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, MATTHEW GIACONA, UNITED STATES DEPARTMENT OF THE INTERIOR. (Dutton-Bynum, Amber) (Entered: 01/28/2026)

Jan. 28, 2026

Jan. 28, 2026

18

MOTION for Leave to File a Reply in Support of the State's Motion for Preliminary Injunction and Stay Pending Review by NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, STATE OF NEW YORK. (Attachments: # 1 Exhibit A - Reply, # 2 Exhibit B - Proposed Order)(Dimenstein, Libby) (Entered: 01/30/2026)

Jan. 30, 2026

Jan. 30, 2026

19

ORDER granting 18 Motion for Leave to File Reply. Signed by Judge Royce C. Lamberth on 1/30/2026. (lcrcl1) (Entered: 01/30/2026)

Jan. 30, 2026

Jan. 30, 2026

20

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

Jan. 30, 2026

Jan. 30, 2026

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

Feb. 2, 2026

Feb. 2, 2026

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)

Feb. 2, 2026

Feb. 2, 2026

21

Reply to opposition to motion

Feb. 3, 2026

Feb. 3, 2026

RECAP
22

Transcript

Feb. 3, 2026

Feb. 3, 2026

Create Case Association

Feb. 3, 2026

Feb. 3, 2026

23

Answer to Complaint

April 9, 2026

April 9, 2026

Case Details

State / Territory:

District of Columbia

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:

Plaintiffs are the State of New York and the New York Energy and Development Authority.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Jurisdiction-wide

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-00072

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)

Recommended Citation