Empire Leaseholder LLC v. Burgum

In a lawsuit filed in federal court in the District of Columbia, the developers of Empire Wind Project offshore Brooklyn filed a lawsuit challenging BOEM’s December 22, 2025 suspension of the Empire Wind Project, which is located on the outer continental shelf approximately 14 miles offshore New York. The developers allege the suspension order is arbitrary, capricious, and an abuse of discretion; that BOEM acted without observing procedure required by law; and that the order contrary to OCSLA. In addition, the developers asserted that the suspension order violated their right under the Fifth Amendment to due process.