New York attorney general sues Trump administration over offshore wind freeze on Sunrise and Empire projects
New York Attorney General Letitia James has sued the Trump administration in federal court in D.C. challenging the Interior Department’s Dec. 22 suspension of the Sunrise Wind (Ørsted, about 45% complete, ~600,000 homes) and Empire Wind (Equinor, about 60% complete, ~500,000 homes) projects, calling the pause arbitrary after more than a decade of federal, state and local security and safety reviews and asking the court to intervene. Equinor and Ørsted separately warn the freeze threatens project viability—Equinor says Empire risks "likely termination" without resumption by Jan. 16 and Ørsted says it has spent billions and agencies raised no national‑security concerns—while Interior defends the 90‑day suspension as a national‑security and military‑readiness measure amid wider administration and GOP moves to curb NEPA and similar lawsuits from other states and developers.
📌 Key Facts
- New York Attorney General Letitia James sued the Trump administration in federal court in Washington, D.C., challenging the Interior Department’s Dec. 22 order that suspends work on the Sunrise Wind and Empire Wind projects; she argues the suspension is arbitrary and unwarranted because the projects have undergone more than a decade of security and safety reviews.
- Developers say the freeze poses an immediate existential threat: Equinor told the D.C. court Empire Wind likely will be terminated if offshore construction cannot resume by Jan. 16 because of a tightly choreographed vessel schedule and financing risk; Ørsted says it has spent billions on Sunrise Wind and that weekly 2025 meetings with the Coast Guard and other agencies never raised national‑security concerns.
- Project specifics: Empire Wind, developed by Equinor about 14 miles southeast of Long Island, is roughly 60% complete and projected to power more than 500,000 homes; Sunrise Wind, developed by Ørsted about 30 miles east of Montauk, is roughly 45% complete and expected to power about 600,000 homes.
- Interior and the Bureau of Ocean Energy Management (BOEM) are named defendants and declined comment citing litigation; Interior officials have defended a 90‑day lease suspension as a national‑security and military‑readiness measure, saying rotating turbine blades can create radar 'clutter' that obscures or generates false targets.
- The freeze has prompted a wave of litigation and state action: Dominion Energy sued over the Coastal Virginia Offshore Wind project calling the order 'arbitrary and capricious,' and Connecticut and Rhode Island jointly sought a preliminary injunction to allow Revolution Wind construction to continue, arguing delays raise energy costs.
- The administration issued the East Coast stop‑work order days after a federal judge in Massachusetts vacated President Trump’s earlier Jan. 20, 2025 executive order that paused approvals for all wind projects.
- The legal fight sits alongside broader permitting changes: the White House Council on Environmental Quality finalized a directive rescinding NEPA‑implementing regulations to curb environmental review (which CEQ chair Katherine Scarlett said would 'slash needless layering of bureaucratic burden'), and a parallel House GOP bill would further limit NEPA; Democrats say the suspension undermines trust needed for bipartisan permitting reform.
- Stake and impact: Developers and states warn the freeze threatens billions in investment, tight construction timelines, project financing and the near‑term viability of major offshore wind projects that would supply hundreds of thousands of homes.
📊 Relevant Data
Offshore wind turbines can interfere with radar systems, potentially impacting up to 30% of radar coverage areas by creating clutter that obscures detection of vessels or aircraft, according to a 2022 study.
Wind Turbine Generator Impacts to Marine Vessel Radar — National Academies of Sciences, Engineering, and Medicine
In the U.S. wind energy workforce in 2024, Hispanic or Latinx individuals make up 17% of the workforce compared to their 19% share of the national population, while Asian individuals comprise 8% versus 6% nationally.
United States Energy & Employment Report 2024 — U.S. Department of Energy
Halting the Empire Wind and Sunrise Wind projects could result in the loss of approximately 10,000 jobs in New York and billions in economic investment, with combined projects expected to contribute over $10 billion to the state's economy.
Offshore Wind Will Keep New York's Grid Reliable and Affordable — Empire Report
Offshore wind development in the Northeast, including projects like those in New York, is projected to reduce carbon dioxide emissions by up to 10 million metric tons annually, equivalent to removing 2 million cars from the road.
New Modeling Shows Offshore Wind's Benefits to Climate, Health, and Energy Bills — Resources for the Future
In New York, low-income households spend an average of 8.6% of their income on energy costs, compared to 3% for non-low-income households, with Black and Latino households facing energy burdens up to twice as high due to higher poverty rates.
Record Highs: Tackling Energy Insecurity in the Heat of the Climate Crisis — New York City Comptroller
📰 Source Timeline (4)
Follow how coverage of this story developed over time
- New York Attorney General Letitia James has filed her own legal challenges in federal court in Washington, D.C., specifically targeting the Interior Department’s Dec. 22 order suspending the Sunrise Wind and Empire Wind projects off Long Island.
- James argues the suspension is arbitrary and unwarranted because the projects have already undergone more than a decade of security and safety reviews by federal, state and local authorities and asks the court to intervene.
- Empire Wind, located about 14 miles southeast of Long Island and developed by Equinor, is projected to power more than 500,000 homes and is about 60% complete; Sunrise Wind, about 30 miles east of Montauk and developed by Ørsted, is expected to power roughly 600,000 homes and is about 45% complete.
- The article notes that Interior and BOEM, both named defendants, declined comment citing pending litigation and reiterates Interior’s stated concern that moving turbine blades can create radar 'clutter' that obscures legitimate targets and generates false ones.
- It recalls that a federal judge in Massachusetts last month vacated Trump’s earlier Jan. 20, 2025 executive order pausing approvals for all wind projects, and that the administration issued the specific stop‑work order on the East Coast projects days after that defeat.
- White House Council on Environmental Quality finalized a directive rescinding regulations implementing the National Environmental Policy Act (NEPA), described as curbing the law’s role in environmental review.
- CEQ chair Katherine Scarlett framed the move as ending NEPA’s 'regulatory reign of terror' and said it will 'slash needless layering of bureaucratic burden' and speed permitting.
- The article details a parallel House GOP bill that would codify NEPA limits by setting statutory review deadlines, expanding categories exempt from review, and restricting who can sue and what remedies courts can impose.
- Democratic Sens. Sheldon Whitehouse and Martin Heinrich argue the administration’s recent suspension of five major offshore wind projects has undermined trust needed for bipartisan permitting reform.
- Equinor’s Empire Wind LLC tells the U.S. District Court for D.C. that its New York Empire Wind project faces 'likely termination' if offshore construction cannot resume by Jan. 16, citing a tightly choreographed vessel schedule and existential financing risk.
- Ørsted’s Sunrise Wind filing states the company has already spent 'billions of dollars' on the project in reliance on valid federal permits and says weekly 2025 meetings with the Coast Guard and other agencies never raised national‑security concerns.
- Interior Department spokesperson Matt Middleton publicly frames the 90‑day lease suspension as a national‑security and military‑readiness measure and says Trump has directed Interior to manage public lands and waters for multiple uses, including national defense.
- Connecticut and Rhode Island jointly seek a preliminary injunction to allow construction on the Revolution Wind project to continue, arguing each day of delay costs 'hundreds of thousands of dollars' in higher energy bills for residents.
- The article consolidates that, in addition to Equinor and Ørsted suits, Dominion Energy Virginia has already sued over the freeze on its Coastal Virginia Offshore Wind project, calling the order 'arbitrary and capricious' and unconstitutional.