Lawsuit seeks end to White House freeze on NY wind

ALBANY, N.Y. (NEXSTAR) — The federal government hit pause on every new wind farm permit on January 20 in a sweeping executive order from President Donald Trump. In response, on Monday, New York joined 17 other states and the District of Columbia in court to unpause those wind-energy approvals.

“This arbitrary halt jeopardizes our ability to build a reliable, affordable, and clean energy grid,” Governor Kathy Hochul said in a written statement on Monday. That's because New York’s 2019 Climate Leadership and Community Protection Act requires 70% renewable electricity by 2030 and 100% by 2040, with 9,000 megawatts of offshore wind by 2035. The state depends on almost 15,000 megawatts each of on- and offshore wind power by 2040 to meet those climate goals.

The order stopped all on- and offshore wind permits indefinitely while the Interior Department conducts a "comprehensive assessment" of federal wind permitting practices. In New York, wind energy development supports 18,000 new local jobs, potentially, and potential returns on $8 billion in investments.

That's why Attorney General Letitia James, saying the pause unilaterally scuttled long-term state power goals, sued. The lawsuit—filed in federal court in Massachusetts and available to read at the bottom of this story—asked the court to order agencies to resume permitting and immediately restart all pending applications.

The suit described New York's three major offshore wind projects, already underway. Together, they're supposed to generate over 1,300 megawatts—enough to power 800,000 homes when fully online in 2027.

All three projects are sited off the coast of Long Island. South Fork Wind, a 132-megawatt farm with 12 turbines east of Montauk, started delivering power in December 2023. And Empire Wind 1 and 2, approved by the Bureau of Ocean Energy Management in February 2024, already have steel piles driven into the sea floor, with onshore converter stations nearly complete.

But the BOEM order to Empire Wind to “cease all construction activities,” citing unspecified "serious issues," allegedly left crews idling in the Atlantic Ocean. The delays, the lawsuit argued, will force local developers and the state government to forfeit grants while clean energy investments—like the $48 million Arthur Kill staging hub in Staten Island and upgrades at the South Brooklyn Marine Terminal—go up in smoke.

With billions sunk so far into ports, turbines, and transmission lines, New York already gets over 10% of its power from wind. On land, the state already has over 30 wind farms in operation, totaling 2,800 megawatts, supporting about 4,400 jobs, and generating millions in local tax payments and school aid. Plus, developers of 20 more projects are in the process of applying for federal permits, including approvals under the Clean Water Act (covering dredging in rivers and wetlands) and the Endangered Species Act (requiring wildlife impact studies).

The suit asks the court to vacate the pause on wind and restart approvals because development in the sector represents a significant portion of planned state energy consumption in a post-fossil fuel age. James and the other attorneys general said the freeze oversteps presidential authority and contradicts laws like the Outer Continental Shelf Lands Act and the Fiscal Responsibility Act.

The complaint called the White House order “arbitrary and capricious,” which under the Administrative Procedure Act means the government acted without clear reason or ignored the law. It argued that the president overstepped his power under the Outer Continental Shelf Lands Act, which lets the Interior Department manage offshore energy leasing. And the Fiscal Responsibility Act of 2023 featured legal deadlines for environmental reviews that will likely get ignored.

Take a look at the lawsuit below:

Related video—Federal officials highlight offshore wind investments at Port of Albany: