Kinsella v. Bureau of Ocean Energy Mgmt.

── Kinsella v. Bureau of Ocean Energy Mgmt. ── Case No.: 25-355 Court: Court of Appeals for the Second Circuit Date: April 02, 2026 Category: General 25-355-cv Kinsella v. Bureau of Ocean Energy Mgmt. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT AMENDED SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 2nd day of April, two thousand twenty-six. PRESENT: DENNIS JACOBS, RICHARD C. WESLEY, EUNICE C. LEE, Circuit Judges. _____________________________________ Simon V. Kinsella, Plaintiff-Appellant, v. 25-355 South Fork Wind, LLC, Intervenor-Appellee, Bureau of Ocean Energy Management, Doug Burgum, U.S. Secretary of the Interior, Secretary of the Interior, U.S. Department of the Interior, Defendants-Appellees. _____________________________________ FOR PLAINTIFF-APPELLANT: SIMON V. KINSELLA, pro se, Wainscott, NY. FOR INTERVENOR-APPELLEE: STACEY L. VANBELLEGHEM (Janice M. Schneider and Devin M. O’Connor, on the brief), Latham & Watkins LLP, Washington, D.C. FOR DEFENDANTS-APPELLEES: MARIKA M. LYONS (Varuni Nelson, Vincent Lipari, and Matthew Silverman, on the brief), Assistant United States Attorneys, for Joseph Nocella Jr., United States Attorney for the Eastern District of New York, Central Islip, NY. Appeal from a judgment and order of the United States District Court for the Eastern District of New York (Block, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court, and the order of the district court, 2 entered on December 19, 2024, are AFFIRMED. Simon V. Kinsella, proceeding pro se, appeals from the district court’s judgment dismissing his action for lack of standing and failure to state a claim, and the district court’s order denying reconsideration. Kinsella sued the Bureau of Ocean Energy Management (“BOEM”) and federal officials (collectively, the “federal defendants”), challenging approval of the South Fork Wind Farm, a renewable energy project involving the construction of, among other things, wind turbines off the coast of Long Island. South Fork Wind, LLC (“South Fork”) intervened. In 2024, the district court granted the defe