Governor Hochul and Attorney General James Announce Lawsuit Challenging Unlawful Trump Administration Wind Deal

Governor Hochul and New York Attorney General Letitia James today announced that New York is leading a coalition of six other attorneys general in suing the Trump administration over its unlawful cancellation of a major offshore wind lease off the coast of New York. In March 2026, after a string of court losses in its crusade against wind energy, the administration struck a deal with TotalEnergies, a French energy company, to cancel two offshore wind leases and pay the company nearly $1 billion in taxpayer dollars. In exchange, TotalEnergies agreed to walk away from offshore wind, invest hundreds of millions of dollars in oil and gas projects, and pledge not to develop any new offshore wind projects in the United States. TotalEnergies subsidiary Attentive Energy would have developed the New York lease, and the project was expected to deliver clean energy directly to New York City, power more than 700,000 New York homes, and generate billions of dollars in benefits for New Yorkers. Attorney General James and the coalition argue that the deal is blatantly unlawful and are asking the court to strike it down.

“This pay-not-to-play scheme pressuring a foreign company to forego planned offshore wind projects in America in favor of gas and oil drilling is an outrageous abuse of taxpayer dollars that hurts our ability to meet our energy needs, create good jobs, and help secure American energy independence while reducing emissions,” Governor Hochul said. “Attorney General James and I will continue to aggressively fight back against Donald Trump's overt and never-ending hostility toward offshore wind, including his unlawful use of the most powerful office in the world to get private companies like TotalEnergies to bow to his will.”

New York Attorney General Letitia James said, “The Trump administration is once again trying to kill clean energy projects and destroy good-paying jobs for New Yorkers. After repeatedly losing in court, this administration cooked up a sham deal to pay a foreign energy company hundreds of millions of taxpayer dollars to abandon offshore wind and invest in oil and gas instead. We are fighting back to stop this illegal agreement that threatens to erase over a thousand union jobs and cheat millions of New Yorkers out of clean, affordable energy.”

NYSERDA President and CEO Doreen M. Harris said, “I thank Attorney General James for continuing to fight to protect our offshore wind industry in New York State. Governor Hochul has made it clear that offshore wind is a vital part of our state’s diverse energy portfolio and we remain committed to delivering reliable, affordable energy to all New Yorkers.”

In 2022, Attentive Energy paid $795 million to purchase an offshore wind lease approximately 47 miles off the coast of New York, as part of the highest-grossing competitive offshore energy lease sale in United States history. The lease area was expected to support two projects: Attentive Energy One, which would have delivered energy directly to New York City, and Attentive Energy Two, which would have served New Jersey. The Attentive Energy One project was estimated to deliver $25.6 billion in economic benefits to New York state over its 25-year life, including $10 billion in savings on New Yorkers’ energy bills. The project was also expected to create an estimated 1,716 new jobs in New York.

In March 2026, more than four years after the lease was awarded and with construction plans already under review, the U.S. Department of the Interior (DOI) suddenly announced that it had reached an agreement with TotalEnergies to cancel the Attentive Energy lease and a separate lease off the coast of North Carolina. DOI claimed that new national security concerns justified the cancellation, even though the federal government had already reviewed and approved the lease area after years of analysis and consultation. Under the agreement, TotalEnergies would invest approximately $795 million in fossil fuel projects, while the federal government would unlawfully “reimburse” the company with $795 million from the Judgment Fund, which may be used only to settle claims related to ongoing or imminent litigation. The administration also announced that TotalEnergies had pledged not to develop any new offshore wind projects in the United States.

The Trump administration’s deal with TotalEnergies followed a series of failed attempts to eliminate wind energy development. On his first day in office, the president halted federal approvals for all wind energy projects nationwide. Attorney General James led a coalition in a lawsuit and, in December 2025, secured a final judgment ending the illegal blockade. The administration later attempted to suspend construction on several offshore wind projects, including Empire Wind and Sunrise Wind in New York, on vague national security grounds. Again, Attorney General James sued, and federal courts blocked those suspensions as well.

Attorney General James and the coalition assert that the cancellation of the Attentive Energy projects will harm their states’ economies, energy grids, and climate goals. Offshore wind is a critical part of New York’s plan to meet growing electricity demand, especially in New York City, where Attentive Energy One was expected to deliver power directly. New York’s State Energy Plan projects that electricity demand will continue to rise significantly in coming years, and offshore wind is expected to play a major role in ensuring that the state has enough energy to meet that demand. Canceling the projects also threatens to deprive New York of more than a thousand new, good-paying jobs, infrastructure investment, and long-term economic development.

The attorneys general argue that the Trump administration’s deal violated the Outer Continental Shelf Lands Act, which limits DOI’s ability to cancel offshore wind leases. DOI must hold a hearing, specifically find that continuing the lease would likely cause serious harm to life, property, national security, or the environment, and determine that the benefits of cancellation outweigh the benefits of allowing the lease to continue. DOI did none of that before canceling the Attentive Energy lease. The coalition also argues that the deal violates the Judgment Fund Act because the $795 million payment was not a legitimate compromise settlement in an imminent lawsuit, but rather a contrived arrangement to satisfy the president’s personal opposition to wind energy.

Attorney General James and the coalition are asking the court to strike down the plainly unlawful agreement, vacate the lease cancellation, and stop the administration from taking further action to implement this illegal deal.

Joining Attorney General James in today’s lawsuit are the attorneys general of Connecticut, Maine, Massachusetts, New Jersey, Rhode Island, and Vermont.