New York Attorney General Letitia James and Governor Kathy Hochul have announced a lawsuit challenging the Trump administration's cancellation of an offshore wind lease off the coast of New York. The lawsuit, filed by a coalition of seven states, argues that the US Department of the Interior unlawfully cancelled the lease held by Attentive Energy, a subsidiary of TotalEnergies, and a separate offshore wind lease off the coast of North Carolina.
According to the complaint, the lease area, located approximately 47 miles off the coast of New York, was acquired in 2022 for USD 795 million as part of a federal offshore wind lease auction. The site was planned to support the Attentive Energy One and Attentive Energy Two projects, serving New York and New Jersey respectively.
The states allege that in March 2026 the Department of the Interior reached an agreement with TotalEnergies to cancel the leases. Under the agreement, TotalEnergies would discontinue development of the offshore wind projects and invest in fossil fuel projects, while the federal government would reimburse the company for the lease acquisition cost.
The coalition argues that the cancellation violates the Outer Continental Shelf Lands Act, which sets conditions under which offshore leases may be cancelled, including specific findings and procedural requirements. The lawsuit also challenges the proposed use of the federal Judgment Fund to reimburse TotalEnergies.
The states claim the cancellation would have negative impacts on economic development, electricity supply and climate objectives. According to the lawsuit, the Attentive Energy One project was expected to supply electricity to New York City, power more than 700,000 homes and support job creation and economic activity in the state.
The coalition is seeking a court order to overturn the lease cancellation and prevent further implementation of the agreement.
Joining New York in the lawsuit are the attorneys general of Connecticut, Maine, Massachusetts, New Jersey, Rhode Island and Vermont.
