Case: New York v. U.S. Department of the Interior

1:26-cv-01910 | U.S. District Court for the District of District of Columbia

Filed Date: June 2, 2026

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case]. On June 2, 2026, the States of New York, New Jersey, Connecticut, Maine, Rhode Island, and Vermont, and the Commonwealth of Massachusetts filed suit in the United States District Court for the District of Columbia against the U.S. Department of the Interior (Interior), the Bureau of Ocean Energy Management (BOEM), the U.S. Department of Justice (DOJ), and named officials in their official capacities, challenging the cancellation of an offs…

[This summary is temporary while we research the case]. On June 2, 2026, the States of New York, New Jersey, Connecticut, Maine, Rhode Island, and Vermont, and the Commonwealth of Massachusetts filed suit in the United States District Court for the District of Columbia against the U.S. Department of the Interior (Interior), the Bureau of Ocean Energy Management (BOEM), the U.S. Department of Justice (DOJ), and named officials in their official capacities, challenging the cancellation of an offshore wind lease in the New York Bight.

The lease at issue, which covered over 84,000 acres in the New York Bight, had been awarded to Attentive Energy LLC in February 2022 following a competitive auction in which Attentive bid $795 million, making it the highest-grossing competitive offshore energy lease sale in U.S. history. The lease area was expected to support more than 2.7 gigawatts of wind capacity, enough to power over 1.3 million homes, and both New York and New Jersey had incorporated the lease into their long-term statutory energy planning targets. On March 23, 2026, the Department of the Interior announced a "Settlement Agreement" with TotalEnergies/Attentive to cancel the lease and reimburse Attentive from the federal Judgment Fund, with TotalEnergies agreeing in exchange to invest those funds in oil and gas projects and to develop no new U.S. offshore wind projects.

The complaint alleged that the cancellation was not a genuine arm's-length settlement, that TotalEnergies' own CEO acknowledged the company had proposed the deal, and that the stated national security rationale was pretextual given numerous public statements by federal officials characterizing wind energy as a "scam" and expressing a goal of halting all wind development. The plaintiffs asserted five claims under the Administrative Procedure Act (APA), the National Environmental Policy Act (NEPA), and the Outer Continental Shelf Lands Act (OCSLA), and sought declaratory relief, vacatur of both the lease cancellation and the Settlement Agreement, and injunctive relief.

Summary Authors

(6/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73426597/parties/state-of-new-york-v-us-department-of-the-interior/


Judge(s)

Kelly, Timothy James (District of Columbia)

Attorney for Plaintiff

Dimenstein, Libby (District of Columbia)

Wagner, Monica Blong (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:26-cv-01910

Complaint for Declaratory and Injunctive Relief

New York et al. v. U.S. Department of the Interior et al.

June 2, 2026

June 2, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73426597/state-of-new-york-v-us-department-of-the-interior/

Last updated July 3, 2026, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by STATE OF RHODE ISLAND, STATE OF CONNECTICUT, STATE OF VERMONT, STATE OF NEW JERSEY, STATE OF MAINE, STATE OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons Interior, # 5 Summons Burgum, # 6 Summons BOEM, # 7 Summons Giacona, # 8 Summons DOJ, # 9 Summons Blanche, # 10 Summons Attentive Energy, # 11 Summons U.S. Attorney)(Wagner, Monica) (Attachment 3 replaced on 6/2/2026) (zjm). (Entered: 06/02/2026)

1 Exhibit 1

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2 Exhibit 2

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3 Civil Cover Sheet

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4 Summons Interior

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5 Summons Burgum

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6 Summons BOEM

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7 Summons Giacona

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8 Summons DOJ

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9 Summons Blanche

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10 Summons Attentive Energy

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11 Summons U.S. Attorney

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June 2, 2026

June 2, 2026

Clearinghouse
2

NOTICE of Appearance by Libby Dimenstein on behalf of All Plaintiffs (Dimenstein, Libby) (Entered: 06/02/2026)

June 2, 2026

June 2, 2026

3

SUMMONS (8) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zjm) (Entered: 06/02/2026)

June 2, 2026

June 2, 2026

Case Assigned/Reassigned

June 2, 2026

June 2, 2026

Case Assigned to Judge Timothy J. Kelly. (zjm)

June 2, 2026

June 2, 2026

4

STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 6/4/2026. (lctjk3)

June 4, 2026

June 4, 2026

RECAP
5

NOTICE of Appearance by Turner Smith on behalf of COMMONWEALTH OF MASSACHUSETTS (Smith, Turner)

June 9, 2026

June 9, 2026

6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF OCEAN ENERGY MANAGEMENT served on 6/9/2026; DOUGLAS J. BURGUM served on 6/9/2026; MATTHEW GIACONA served on 6/9/2026; U.S. DEPARTMENT OF JUSTICE served on 6/10/2026; U.S. DEPARTMENT OF THE INTERIOR served on 6/9/2026 (Dimenstein, Libby)

June 10, 2026

June 10, 2026

7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/10/2026. (Dimenstein, Libby)

June 10, 2026

June 10, 2026

8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/10/2026. Answer due for ALL FEDERAL DEFENDANTS by 8/9/2026. (Dimenstein, Libby)

June 10, 2026

June 10, 2026

9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ATTENTIVE ENERGY LLC served on 6/3/2026, answer due 6/24/2026 (Dimenstein, Libby)

June 10, 2026

June 10, 2026

10

NOTICE of Appearance by Matthew I. Levine on behalf of STATE OF CONNECTICUT (Levine, Matthew)

June 11, 2026

June 11, 2026

11

NOTICE of Appearance by Nicholas M. Vaz on behalf of STATE OF RHODE ISLAND (Vaz, Nicholas)

June 18, 2026

June 18, 2026

12

NOTICE of Appearance by Caleb Edward Elwell on behalf of STATE OF MAINE (Elwell, Caleb)

June 18, 2026

June 18, 2026

13

NOTICE of Appearance by Robert M. Loeb on behalf of ATTENTIVE ENERGY LLC (Loeb, Robert)

June 18, 2026

June 18, 2026

14

Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Complaint by ATTENTIVE ENERGY LLC. (Loeb, Robert)

June 18, 2026

June 18, 2026

RECAP

MINUTE ORDER: For the reasons set forth in Defendant Attentive Energy LLC's 14 Consent Motion for Extension of Time, and because Plaintiffs consent to the relief sought, it is hereby ORDERED that the 14 Consent Motion is GRANTED. It is further ORDERED that Attentive Energy LLC shall answer or otherwise respond to Plaintiffs' complaint by August 10, 2026. Signed by Judge Timothy J. Kelly on 6/22/2026. (lctjk3)

June 22, 2026

June 22, 2026

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

June 22, 2026

June 22, 2026

15

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Geoffrey Shaw, Filing fee $ 100, receipt number ADCDC-12523898. Fee Status: Fee Paid. by ATTENTIVE ENERGY LLC. (Attachments: (1) Declaration, (2) Certificate of Good Standing, (3) Text of Proposed Order)(Loeb, Robert)

1 Declaration

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2 Certificate of Good Standing

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3 Text of Proposed Order

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July 2, 2026

July 2, 2026

16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cesar Lopez-Morales, Filing fee $ 100, receipt number ADCDC-12523941. Fee Status: Fee Paid. by ATTENTIVE ENERGY LLC. (Attachments: (1) Declaration, (2) Certificate of Good Standing, (3) Text of Proposed Order)(Loeb, Robert)

1 Declaration

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2 Certificate of Good Standing

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3 Text of Proposed Order

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July 2, 2026

July 2, 2026

17

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joshua Waldman, Filing fee $ 100, receipt number ADCDC-12523980. Fee Status: Fee Paid. by ATTENTIVE ENERGY LLC. (Attachments: (1) Declaration, (2) Certificate of Good Standing, (3) Text of Proposed Order)(Loeb, Robert)

1 Declaration

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2 Certificate of Good Standing

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3 Text of Proposed Order

View on PACER

July 2, 2026

July 2, 2026

18

NOTICE of Appearance by Yoseph T. Desta on behalf of ATTENTIVE ENERGY LLC (Desta, Yoseph)

July 2, 2026

July 2, 2026

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: June 2, 2026

Case Details

Other Dockets:

District of District of Columbia 1:26-cv-01910

Recommended Citation