The case against South Fork Wind

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)

Petition (click here to download).
Affidavit (click here to download) (D.C. Cir., No 22-5317, Doc. 1999552-01)
Exhibit 01 Docket Sheet (D.D.C., No. 1:22-cv-02147) (click here)
Exhibit 02 South Fork Wind (22 cents/kWh) (click here)
Exhibit 03 Sunrise Wind (8 cents/kWh) (click here)
Exhibit 04 Notice to Proposers, South Fork RFP (click here)
Exhibit 06 Block Is. Wind Farm Output (2017-2022) (click here)
Exhibit 07 SFW COP Executive Summary (click here)
Exhibit 08 Kinsella v. NYSPSC, Verified Petition (click here)
Exhibit 09 Kinsella v. NYSPSC, Verified Answer (click here)
Exhibit 10 Kinsella 2018 Comment to BOEM (click here)
Exhibit 11 Kinsella 2021 Comment to BOEM (click here)
Exhibit 12 Kinsella v. LIPA, Complaint (click here)
Exhibit 13 Kinsella v. LIPA, Decision for Kinsella (click here)
Exhibit 14 South Fork RFP (June 24, 2015) (click here)
Exhibit 15 FEIS (p 655 Airport Dist (2 miles) (click here)
Exhibit 16 PFAS in Wainscott Wells (Newsday) (click here)
Exhibit 17 Complaint, Appendix 4, Price Tables (click here)
Exhibit 18 Gov. Cuomo, 2017 State of the State (click here)
Exhibit 19 SFW Onsite PFAS Test Results (positive) (click here)
Exhibit 20 Statement of Material Facts (click here)
Exhibit 21 FIRST AMENDED COMPLAINT (excerpts) (click here)
Exhibit 22 WCAC, SFW, Slide 5 (Aug 5, 2017) (click here)
Exhibit 23 SFW Clint Plummer, 16 cents (News12) (click here)
Exhibit 24 LIPA SFWF Fact Sheet (V19_102819 FINAL) (click here)
Exhibit 25 Skipjack (13.2 cents/kWh) (click here)
Exhibit 26 South Fork Wind, Economic Analysis (click here)

D.C. Bar Association Complaint, Latham & Watkins Partners (February 21, 2023)

D.C. Bar Association Complaint, Latham & Watkins Partners (click here)
Exhibits (click on links below) -

Exhibit A - SFW Entry of Appearance (D.C. Cir., 22-5316, 1978475)

Exhibit B - SFW Opp to TRO (D.D.C., 22-cv-02147, ECF 40-1)

Exhibit C - DDC Reply to SFW Opp to TRO (D.D.C., 22-cv-02147, ECF 44)

Exhibit D - SFW Opp to TRO (D.C. Cir., 22-5316, 1982288-1)

Exhibit E - Statement of Issues (D.C. Cir., 22-5316, 1980953)

Exhibit F - Kinsella Affidavit I (D.C. Cir., 22-5316, 1979671)

Exhibit G - Kinsella Affidavit II (D.C. Cir., 22-5316, 1980954)

Exhibit H - Kinsella Affidavit III (D.C. Cir., 22-5316, 1981133) (sealed)

Exhibit I - Second Amended Complaint (D.C. Cir., 22-5316, 1980154)

Exhibit J - Exposé 'Forever Chemicals' (D.C. Cir., 22-5316, 1983691-2)

Exhibit K - BOEM NOI, 2018 (D.C. Cir., 22-5316, 1980953-2)

Exhibit L - BOEM NOA DEIS, 2021 (D.C. Cir., 22-5316, 1980953-3)

Exhibit M - Kinsella Comments 2018 & 2021 (D.C. Cir., 22-5316, 1980953-4)

Exhibit N - WCAC, SFW Slides (D.C. Cir., 22-5316, 1980953-5)

Exhibit O - WCAC Meeting Minutes (D.C. Cir., 22-5316, 1980953-6)

FIRST AMENDED COMPLAINT (filed November 2, 2022)

First Amended Complaint (click here to download).

U.S. District Court for the District of Columbia (no. 1:22-cv-02147)

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)

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).

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).