On January 9, 2026, New York Attorney General Letitia James sued Interior Secretary Doug Burgum and the Trump administration for their unlawful efforts to suspend development of the Empire Wind Project for specious reasons.

Empire Wind is a large-scale wind project being constructed in federal waters off the coast of New York, and when completed will provide 810 megawatts of power, enough to power more than 500,000 homes. The project was fully permitted and began construction in 2024, with completion expected in 2027.

Wind energy has long been part of New York State’s long-term planning to provide affordable, clean energy to its residents, and the development provides thousands of good-paying jobs for skilled workers. The current suspension represents the administration’s second attempt to halt construction of this project, after an April order brought the project to the brink of collapse. The experience in April demonstrated that suspension of ongoing work may jeopardize the entire development. 

In the process of securing necessary federal approvals and permits, Empire Wind agreed to all conditions established by agencies, including the U.S. Department of Defense (DOD), to mitigate any national security issues. Despite this, and two years after approvals had been granted, the Bureau of Ocean Energy Management arbitrarily and capriciously issued an order on December 22, 2025, to suspend all activities for 90 days “for reasons of national security.” The letter asserted that a November 2025 assessment by the DOD provided new, classified information related to risks posed by the project but did not identify any component of the project that may have raised new concerns or address mitigation measures that were already in place.

New York asks the court to find the suspension order unlawful and prohibit the federal government from enforcing it.

New Yorkers deserve clean, reliable energy, good-paying jobs, and a government that follows the law. These projects were carefully reviewed and already under construction when the federal government pulled the plug without explanation. This reckless decision puts workers, families, and our climate goals at risk, and my office is taking action to stop it. Attorney General Letitia James