The case against the Bureau of Ocean Energy Management (BOEM), the federal regulator overseeing U.S. offshore wind energy development, regarding the South Fork Wind Project is fraud.
U.S. Supreme Court (case no. 22-1251)
Simon V. Kinsella, Petitioner v. Bureau of Ocean Energy Management, et al.
U.S. Supreme Court docket files are available online at SupremeCourt.gov (here).
Petition for a Writ of Certiorari (docketed June 29, 2023)
Supplemental Brief for Petitioner (September 12, 2023)
BOEM and South Fork Wind falsely state that BOEM does not have jurisdiction onshore or nearshore (within three miles of New York State's coastline). That claim contradicts BOEM's Record of Decision (ROD) approving the South Fork Wind project, BOEM's published guidelines (2016 and 2020), BOEM's establishing statute the Outer Continental Shelf Lands Act (43 U.S.C. §§ 1331 et seq.) and implementing regulations (30 C.F.R § 585), BOEM's lease assignment to South Fork Wind (OCS-A 0517) and the terms and conditions of the original lease (OCS-A 0486), and South Fork Wind’s own Construction and Operations Plan (COP). Please see the documents (below) for further details––
- Exhibits (see tab U.S. Supreme Court, scroll down) (or click here)
FIRST AMENDED COMPLAINT (filed November 2, 2022)
U.S. District Court for the District of Columbia (no. 1:22-cv-02147)
Cross-MOTION for Partial SUMMARY JUDGMENT (filed September 26, 2022)
COMPLAINT (filed July 21, 2022)
Other submissions, notices, and correspondence
N.Y. Suffolk County Supreme Court (index: 621109/2021, filed November 9, 2021).
Plaintiffs seek to annul South Fork Wind’s power purchase agreement with Long Island Power Authority (LIPA) on the grounds the award violated New York State Finance and Municipal Law.
The Plaintiffs allege that LIPA awarded a ($1.6 billion) contract for the supply of energy in an opaque, non-competitive procurement process at inflated prices despite the winning bidder failing to meet the requirements and specifications of the South Fork Request for Proposals (the South Fork RFP). The winning bidder was South Fork Wind LLC (formerly known as Deepwater Wind South Fork LLC).
N.Y. Supreme Court, Appellate Div. - 2nd Dept. (index 006572/2021, filed September 9, 2021).
According to Article 78, the petitioner (Simon Kinsella) is challenging the legality of the New York State Public Service Commission’s grant of a certificate to South Fork Wind LLC (formerly known as Deepwater Wind South Fork LLC).
Albany County Supreme Court, filed July 9, 2019 (index: 904100/2019)
Decision: “In the instant matter, the petitioner [Simon Kinsella] [...] substantially prevailed. [...] The Court finds that the record requested was of significant interest to the general public as the records sought consisted of the contract prices which would affect the pricing of utilities supplied to the general public.”
N.Y. Suffolk County Supreme Court, filed July 20, 2021 (index: 000613/2021).
Although this case was replaced with case index no. 621109/2021, (filed November 9, 2021) (see above), it provides far greater detail on how LIPA, PSEG Long Island, and South Fork Wind (formerly Deepwater Wind South Fork) (allegedly) manipulated the South Fork RFP procurement process to stifle competition. The plaintiffs sought a judgment -
(A) Declaring that the power purchase agreement (PPA) between LIPA and South Fork Wind LLC (formerly Deepwater Wind South Fork LLC) executed February 6, 2017, violated New York State State Finance Law § 163 and General Municipal Law § 103, and is void;
(B) Declaring that LIPA violated Public Authorities Law § 1020-f (aa) by not receiving Public Authorities Control Board approval of the South Fork Wind Project and that LIPA did not have authority to enter the PPA; and
(C) Annulling the PPA in its entirety.