South Fork Wind is in deepwater

Simon V. Kinsella vs. Bureau of Ocean Energy Management, et al.

U.S. District Court for the District of Columbia (Washington, DC)

(case: 1:22-cv-02147-JMC, filed July 21, 2022)

Cross-MOTION for Partial SUMMARY JUDGMENT (filed September  26, 2022)

• Cross-MOTION for Partial Summary Judgment (click here, 3 pages)
• MEMO in Support of Cross-Motion (click here, 42 pages)
• Exhibit A - South Fork Wind: “Virtual Open House” (click here, 1 page)
• Exhibit B - BOEM FOIA Response (click here, 5 pages)
• Statement of Material Facts (click here, 90 pages)
• [proposed] ORDER (click here, 2 pages)

MOTION to TRANSFER VENUE (September 2022)

Click here to see Plaintiff’s Response to Defendants’ MOTION to TRANSFER VENUE (and Defendants’ Motion) (https://oswsouthfork.info/boem).

COMPLAINT (filed July 21, 2022)

• COMPLAINT against BOEM, Dept. of the Interior &EPA (click here, 91 pages)
• Appendices 1–4 and Exhibits A–P (click here)
• Mar 2022 - Letter Re: “Imminent Risk to Public Health” (click here, p. 31)

Other submissions, notices, and correspondence

• Dec 2021 - Sixty days Notice of Intent to Sue BOEM (click here, p. 53)
• Feb 2021 - Response to BOEM’s FEIS for South Fork Wind (click here, p. 11)
• Nov 2018 - Response to South Fork Wind’s COP (click here, p. 14)

Simon V. Kinsella, et al. v. Long Island Power Authority, et al.

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).

• See COMPLAINT (index: 621109/2021, click here).
• See other court filings (click here).

Simon V. Kinsella et al. v. NYS Public Service Commission et al 

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).

• See Petition of Petitioner Simon V. Kinsella (click here).
• See Answer of Respondent NYS Public Service Commission (click here). 

Simon V. Kinsella v. Office of the New York State Comptroller

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.”

• See Petition (click here). 
• See Decision (click here).

Citizens for the Preservation of Wainscott, Inc. et al. v. NYS Public Service Commission et al 

N.Y. Supreme Court, Appellate Div. - 2nd Dept. (index: 006582/2021, filed September 9, 2021).

According to Article 78, the petitioner, Citizens for the Preservation of Wainscott Inc, 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).

• See Petition (click here).

Citizens for the Preservation of Wainscott, Inc. v. Town Board of the Town of East Hampton

Suffolk County Supreme Court (index: 601847/2021, February 2, 2021).

Petitioner, Citizens for the Preservation of Wainscott Inc, seeks a declaratory judgment invalidating the East Hampton Town Board’s improper grant to South Fork Wind LLC.

• See COMPLAINT and Petition (click here).