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Empire to file preliminary injunction against lease suspension order
Insight Out
5 Jan 2026

Empire to file preliminary injunction against lease suspension order

Empire Offshore Wind LLC (Empire) has filed a civil lawsuit in the U.S. District Court for the District of Columbia on 2 January 2026, contesting the U.S. Department of the Interior’s order to suspend the Empire Wind project. As part of the legal action, Empire intends to request a preliminary injunction to enable construction to continue while the case is under review.


While Empire continues to engage closely with the Bureau of Ocean Energy Management (BOEM) and other relevant authorities to seek a swift resolution, Equinor maintains that the suspension order is unlawful and poses a serious threat to the progress of ongoing work, with significant implications for the project. The request for a preliminary injunction is intended to allow construction to proceed as planned during this critical execution phase and to prevent further commercial and financing impacts that could arise if the order remains in effect.


Since executing its lease in 2017, Empire has worked closely with multiple federal agencies on national security reviews, including the Department of War, and has complied with all applicable national security requirements identified through the regulatory process. The company also maintains regular coordination with authorities responsible for project security, including weekly meetings with the U.S. Coast Guard and other marine first responders.


Empire Wind is being developed under contract with the New York State Energy Research and Development Authority (NYSERDA) to deliver a vital near-term source of electricity for New York, strengthening grid reliability amid rapidly rising demand. Once operational, the project is expected to generate enough power to electrify approximately 500,000 homes across the state.


The project is more than 60 percent complete and represents a major investment in U.S. energy infrastructure, jobs, and supply chains. To date, Equinor has invested over USD 4 billion in the project, with USD 2.7 billion drawn under project financing. As of 30 September 2025, Empire Wind has a gross book value of approximately USD 3.1 billion, including the South Brooklyn Marine Terminal. Construction activities alone have supported nearly 4,000 jobs, both within the lease area and through the redevelopment of the South Brooklyn Marine Terminal.


Empire and its contractors are complying with the suspension order while continuing essential activities to safeguard health, safety, and the environment.

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