Attorney General Jennifer Davenport joined six other attorneys general in suing the U.S. Department of the Interior on June 2 over the cancellation of a lease for a major wind power project offshore of New Jersey and Long Island.
Governor Mikie Sherrill said, “Instead of promoting more energy development and deployment when we need it most, the Trump Administration once again finds ways to make life more difficult and more expensive for everyday New Jerseyans. New Jersey, New York, and other coastal states will not stand by while this president interferes with our clean energy plans that will ultimately lower costs for our residents, who are currently buckling under the expenses created by his war and tariffs.”
Davenport said, “New Jersey needs more power supply. The federal government’s lawless attack on clean energy development is bad for the grid, for our economy, and for ratepayers. In a favor to the oil and gas industry, the administration took our tax dollars and canceled our agreements with Attentive Energy without any justification whatsoever. I will not stand by while the rule of law is trampled on by this administration, and I am confident we will prevail in court.”
The Department of the Interior paid hundreds of millions in taxpayer dollars to Attentive Energy’s parent company TotalEnergies to abandon offshore wind projects off New York and New Jersey coasts. In 2022, Attentive Energy paid $795 million to purchase an offshore wind lease about 47 miles from New York’s coast intended to support two projects: one serving New York City (Attentive Energy One) and another serving New Jersey (Attentive Energy Two). In March 2026, DOI announced a settlement agreement with TotalEnergies requiring them to cancel these leases in exchange for reimbursement from federal funds as well as investment in fossil fuel infrastructure elsewhere.
The coalition argues that this settlement violates several federal laws including those governing offshore wind leases—such as requirements under the Outer Continental Shelf Lands Act—and procedures set out in statutes like the Administrative Procedure Act and National Environmental Policy Act. They also contend that using Judgment Fund payments was improper because there was no ongoing or imminent litigation justifying such a settlement.
Attorney General Davenport along with attorneys general from Connecticut, Maine, Massachusetts, Rhode Island, and Vermont—led by New York Attorney General Letitia James—are asking courts to vacate both the settlement agreement and lease cancellations. The lawsuit also names agencies including DOJ and Bureau of Ocean Energy Management among others.
