Empire to file preliminary injunction against lease suspension order
Empire Offshore Wind LLC (Empire) filed a civil suit in the U.S. District Court for the District of Columbia today 2 January 2026 challenging the U.S. Department of the Interior’s order directing a suspension to the Empire Wind project. As part of that case, Empire plans to seek a preliminary injunction and allow construction to continue while the litigation proceeds.
While 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 order is in Equinor’s view unlawful and threatens the progress of ongoing work 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.
Empire has coordinated closely with numerous federal officials on national security reviews since it executed its lease for the project in 2017, including with the Department of War, and has complied with relevant national security related requirements identified as part of the regulatory process. In addition, Empire meets regularly with officials charged with oversight of security issues for the project, 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 critical new, near-term source of electricity for New York, bolstering grid reliability at a time of rapidly growing demand. Once completed, the project is expected to provide enough power to electrify approximately 500,000 homes in New York.
Empire Wind is more than 60 percent complete and represents a significant investment in U.S. energy infrastructure, jobs, and supply chains. Equinor has invested over USD 4 billion of which USD 2.7 billion has been drawn under the project financing. Empire Wind has per 30 September 2025 a gross book value of around USD 3.1 billion, including South Brooklyn Marine Terminal. The project’s construction phase alone has put nearly 4,000 people to work, both within the lease area and through the revitalization of the South Brooklyn Marine Terminal.
Empire and its contractors are complying with the order, while continuing activities required in order to prevent impacts to health, safety, and the environment.
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