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