Kinsella v. Bureau of Ocean Energy Management

The D.C. Circuit Court of Appeals dismissed an appeal of an order granting defendants’ motion to transfer—to the Eastern District of New York—a case challenging the Bureau of Ocean Energy Management’s approval of the South Fork offshore wind energy project. The D.C. Circuit ruled that the order was not appealable because the plaintiff did not show that the order had the “practical effect” of denying a request for injunctive relief or that it might have a “serious, perhaps irreparable consequence” that could only be addressed by an immediate appeal. The D.C. Circuit also denied the project developer’s motion to strike addenda filed by the plaintiff and a motion by the plaintiff to remove counsel representing the project developer.