New York’s coastline, particularly off Long Island, offers high wind potential, making it ideal for offshore wind farms. Currently, New York has one operating offshore wind farm, the South Fork Wind Farm (132 MW), powering about 70,000 homes, and two projects in development, Empire Wind 1 (810 MW) and Sunrise Wind (924 MW). The two projects under construction are expected to power over one million New York homes, generate billions of dollars in in-state spending, and support thousands of jobs in project development, component manufacturing, installation, and operations and maintenance.
However, the state’s wind energy ambitions face challenges from federal policy shifts. On January 20, 2025, President Trump issued a presidential memorandum initiating a temporary withdrawal of all areas on the U.S. outer continental shelf from offshore wind leasing and a review of the federal government’s leasing and permitting practices for wind projects. The impact of this memorandum was felt in New York in April 2025 when the Trump administration halted construction of the Empire Wind project. Since then, the events have ignited a political showdown over wind energy policy and legal action from 17 states, with New York emerging as a key battleground.
Equinor considers legal action, following order to suspend construction of the Empire Wind 1 project
On April 16, 2025, Empire Offshore Wind, owned by Norway-based Equinor, received notice from the U.S. Bureau of Ocean Energy Management (BOEM), to halt all ongoing construction activities on the outer continental shelf for the Empire Wind offshore wind project in New York.
The reason provided for the halt work order was that it would allow time for BOEM to address feedback it received, including from the National Oceanic and Atmospheric Administration (NOAA), about the environmental analyses of the offshore wind project.
The notice read: “You may not resume activities until BOEM informs you that BOEM has completed its necessary review. If you fail to comply with the terms of this order, BOEM may take additional corrective action as appropriate.”
Equinor is complying with the order and is seeking dialogue with the proper authorities and assessing legal options.
Anders Opedal, President and CEO of Equinor, said: “We have invested in Empire Wind after obtaining all necessary approvals, and the order to halt work now is unprecedented and in our view unlawful. This is a question of the rights and obligations granted under legally issued permits, and security of investments based on valid approvals. We seek to engage directly with the U.S. Administration to clarify the matter and are considering our legal options.”
The Empire Wind project will be the first offshore wind project to deliver power directly to New York City. Located 15–30 miles southeast of Long Island, the offshore wind farm will span 80,000 acres, with water depths of between approximately 75 and 135 feet. The federal lease for Empire Wind was signed with the U.S. Administration in 2017.
Equinor is developing the Empire Wind project in two phases. Empire Wind 1, which will deliver 810 MW of energy into Brooklyn, powering 500,000 New York homes. This power will play a vital role in moving New York towards its goal of developing 9 gigawatts (GW) of offshore wind power by 2035. A second part of the lease area, Empire Wind 2 (1,260 MW) is currently in early-stage development with options currently being assessed.
New York Attorney General files lawsuit to challenge President Trump’s memorandum
On May 5, 2025, New York Attorney General Letitia James led a coalition of 17 other attorneys general in filing a lawsuit to end the Trump administration’s arbitrary and indefinite halt on new wind energy development across the country.
Attorney General James and the coalition assert that the president’s directive is at odds with years of bipartisan support for offshore and onshore wind energy projects, including during President Trump’s first term. It also directly contradicts the president’s own Executive Orders issued on the same day, which declared a “national energy emergency,” singled out New York and several other states for the country’s lack of energy supply and called for the expansion of most forms of domestic energy production, but not wind energy.
The attorneys general argue this unilateral halt on wind energy development is harming states’ ability to provide reliable, affordable electricity to their residents. In addition, the indefinite halt on federal approvals is already putting state investments and economic benefits from wind energy projects in jeopardy. New York’s wind projects currently support over 4,400 jobs throughout the state and are expected to create more than 18,000 additional new jobs in the coming years. Those jobs will not materialize if these projects are halted. The administration’s indefinite blockade could leave billions of dollars in states’ clean energy investments stranded or underutilized and significantly harm their economic development.
This wind energy blockade is also impeding New York and other states’ ability to meet their energy and climate goals. These are statutory targets to reduce greenhouse gas emissions and, more specifically, meet target dates for electricity generated by wind power. New York’s Climate Law requires the state to obtain 70% of its electricity from renewable sources by 2030 and 100% by 2040.
Attorney General James and the coalition assert that the president is acting outside of his legal authority and has no statutory right to unilaterally shut down the permitting process. They are asking the court to intervene and rule the approval blockade unlawful, restoring the wind energy permitting process and protecting the wind energy industry long-term.
Joining Attorney General James in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Washington, and the District of Columbia.