After the Trump administration’s Bureau of Ocean Energy Management paused the lease for five wind farms under construction off the East Coast — including Empire Wind 1 — for the second time in a year, Empire has filed suit against the federal government in an effort to reinstate the project.
Empire Wind 1, set to be New York City’s largest offshore wind farm, would be constructed off the southern shore of Long Island, with a maintenance and operations hub in Sunset Park, and would send 500,000 homes worth of electricity to Brooklyn.
Citing “national security risks identified by the Department of War in recently completed classified reports,” Empire Leaseholder LLC filed a preliminary injunction in the U.S. District Court for the District of Columbia last week, challenging the U.S. Department of the Interior’s order to suspend the project.
Noting immediate and irreparable harm from the suspension order, Empire is seeking a court order that would allow construction to continue while the litigation proceeds, requesting “expedited consideration” by the Court.
“Without the ability to continue Project construction by January 16, 2026, the Project faces likely termination due to disruption of a tightly choreographed construction schedule dependent on vessels with constrained availability, delay costs, and the existential threat to the Project financing caused by the Suspension Order,” the motion states.
The motion goes on to say that the threat of the project’s termination became even more acute on Jan. 5, when the government decided that ongoing construction activities ensuring the safety of the project were prohibited, even though the suspension order allowed “activities necessary to prevent impact to health, safety, or the environment.”
In a statement, Empire highlighted that since they finalized the lease in March 2017 — during President Donald Trump’s first term — they have coordinated closely with federal officials, including the Department of War, regarding national security reviews and have complied with relevant national security-related requirements, noting that Empire has also met regularly with national security agencies, such as weekly meetings with the U.S. Coast Guard and other marine first responders.
Equinor deems the order “unlawful,” threatening the progress of ongoing work, and with significant implications for the project.
“The preliminary injunction filing is necessary to allow the project to continue as planned during this critical period of execution and avoid additional commercial and financing impacts that are likely to occur should the order remain effective,” the statement reads, noting that Empire continues to work closely with Bureau of Ocean Energy Management(BOEM) and the other relevant authorities to find a prompt resolution to the matter.
The $5 billion project, operated by Norwegian energy company Equinor and developed under contract with the New York State Energy Research and Development Authority, is more than 60% finished and expected to be completed by the end of 2026. The development has made significant investments in energy infrastructure, jobs, and the supply chain.
Besides the wind farm consisting of 54 offshore wind turbines — located about 14 miles off the coast of Long Island — the project also includes a construction, operations, and maintenance port at the Brooklyn South Marine Terminal in Sunset Park. The construction phase alone has created nearly 4,000 jobs, including union jobs and apprenticeships. Once completed, Empire Wind 1 would generate economic opportunities for local businesses and supply 500,000 New York City households with green energy.
