Did the Interior Department's offshore wind lease-cancellation payments comply with the Judgment Fund Act?
Interior paid TotalEnergies, Invenergy, and Bluepoint Wind more than $2.3 billion to cancel offshore wind leases in 2026. State attorneys general and members of Congress say the payments broke the Judgment Fund Act. Interior says the payments were lawful, voluntary refunds.
Claim in dispute
The settlement payments to offshore wind developers are not lawful compromise settlements of actual or imminent litigation and are a type of payment otherwise provided for by law under the Outer Continental Shelf Lands Act, making them unavailable from the Judgment Fund under 31 U.S.C. 1304.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
This case classifies responses to one specific question: whether the payments the Department of the Interior and the Department of Justice made to TotalEnergies, Invenergy, and Bluepoint Wind to cancel their offshore wind leases complied with the Judgment Fund Act, 31 U.S.C. 1304, a permanent appropriation that Congress limited to paying final court judgments and Justice Department compromise settlements of claims that were being litigated or could have been litigated against the United States. The case does not classify responses to the government's broader authority to cancel offshore wind leases, the separate stop-work orders and injunctions covered in other cases, or the general policy dispute over offshore wind. It also does not resolve the Outer Continental Shelf Lands Act, National Environmental Policy Act, or Administrative Procedure Act claims raised in the same lawsuits; those are distinct legal theories from the Judgment Fund question.
On March 23, 2026 (opens in a new tab), Interior announced it would cancel two TotalEnergies leases, in the New York Bight and Carolina Long Bay, and pay the company's U.S. subsidiary, Attentive Energy, $928 million combined, the amount the company had paid for the leases in 2022. On April 27, 2026 (opens in a new tab), Interior announced the same arrangement with Bluepoint Wind ($765 million, for its New York Bight lease) and Golden State Wind ($120 million, for its Morro Bay, California lease). On June 17, 2026, Interior announced a further agreement with Invenergy to cancel four leases, in the New York Bight, the Gulf of Maine, and off California, for a combined $765 million.
Seven states led by New York's attorney general, Letitia James, sued in the U.S. District Court for the District of Columbia on June 2, 2026 (opens in a new tab) over the TotalEnergies payment. Delaware later joined the coalition, bringing it to eight states, and they sued again on September 22, 2026 in the Eastern District of New York (opens in a new tab) over the Bluepoint Wind payment and in the District of Maine (opens in a new tab) over the Invenergy payment. California's attorney general, Rob Bonta, separately sued over Invenergy's California lease payment. All four complaints make the same core argument: that the payments were not compromise settlements of actual or imminent litigation, and that compensation for a canceled lease is a type of payment "otherwise provided for" under the Outer Continental Shelf Lands Act, so the Judgment Fund was not legally available.
Interior has said the deals were voluntary agreements, reviewed and approved by the Department of Justice, and that the companies were simply refunded money they had already paid the Treasury. TotalEnergies' chief executive, Patrick Pouyanne, made the same argument to CNBC. Associate Attorney General Stanley Woodward said the settlements resolved "protracted litigation."
People in this case
Doug BurgumDirectly involved
Timeline
9 timeline entries on this page. Dates: March 23, 2026 to September 22, 2026
March 2026
1 event
Interior announces $928 million TotalEnergies settlement
Incident
The Department of the Interior announced an agreement with TotalEnergies to cancel its New York Bight and Carolina Long Bay offshore wind leases and pay the company's U.S. subsidiary, Attentive Energy, $928 million combined, the amount it had paid for the leases in 2022.
[01]Interior and TotalEnergies Agree to End Offshore Wind Projects, Lowering Costs for American Families
Department of the Interior press release announcing the settlement agreement to cancel TotalEnergies' two offshore wind leases and reimburse the company $928 million combined.
Interior and TotalEnergies Agree to End Offshore Wind Projects, Lowering Costs for American Families · U.S. Department of the Interior
14 days between recorded events
April 2026
3 events
House Democrats question TotalEnergies settlement's legal basis
Reaction
Reps. Jared Huffman and Jamie Raskin, ranking members of the Natural Resources and Judiciary committees, wrote to Interior Secretary Doug Burgum and the acting Attorney General calling the TotalEnergies settlement unlawful and demanding its statutory basis.
[02]Letter from Reps. Jared Huffman and Jamie Raskin to Secretary Doug Burgum and Acting Attorney General Todd Blanche
Letter from the ranking members of the House Natural Resources and Judiciary committees questioning the legal basis for the TotalEnergies settlement.
Whitehouse opens Senate investigation into TotalEnergies payment
Reaction
Sen. Sheldon Whitehouse, ranking member of the Senate Environment and Public Works Committee, sent TotalEnergies CEO Patrick Pouyanne a letter opening an investigation into the settlement, citing GAO and Justice Department precedent on the limits of the Judgment Fund.
[03]Letter from Sen. Sheldon Whitehouse to TotalEnergies CEO Patrick Pouyanne
Letter from the ranking member of the Senate Environment and Public Works Committee opening an investigation into the TotalEnergies settlement's compliance with the Judgment Fund Act.
Letter from Sen. Sheldon Whitehouse to TotalEnergies CEO Patrick Pouyanne · Sheldon WhitehouseInterior announces Bluepoint Wind and Golden State Wind settlements
Incident
The Department of the Interior announced agreements to cancel Bluepoint Wind's New York Bight lease for $765 million and Golden State Wind's Morro Bay, California lease for $120 million, following the same model as the TotalEnergies settlement.
[04]Interior Announces Two Historic Agreements to Promote Affordable, Reliable Energy Production in the United States
Department of the Interior press release announcing settlement agreements to cancel Bluepoint Wind's and Golden State Wind's offshore wind leases, with quotes from Secretary Burgum and Associate Attorney General Woodward.
Interior Announces Two Historic Agreements to Promote Affordable, Reliable Energy Production in the United States · U.S. Department of the Interior
31 days between recorded events
May 2026
1 event
15 House Democrats demand records from Trump administration
Reaction
Fifteen House Democrats led by Rep. Deborah Ross sent a letter to President Trump, the Attorney General, and the Interior Department Inspector General demanding records on the offshore wind settlements and asking that further payments be suspended pending review.
[05]Letter from Rep. Deborah Ross and 14 other House members to President Trump, Attorney General Blanche, and DOI Inspector General Brzymialkiewicz
Letter from 15 House Democrats demanding records on the legal basis for the offshore wind settlement payments and asking that further payments be suspended pending review.
June 2026
2 events
Seven states sue over the TotalEnergies settlement
Reaction
Seven states led by New York filed suit in the U.S. District Court for the District of Columbia, arguing the TotalEnergies settlement violated the Judgment Fund Act because it did not resolve actual or imminent litigation and paid for compensation otherwise available under the Outer Continental Shelf Lands Act.
[06]State of New York et al. v. United States Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (D.D.C. No. 1:26-cv-01910)
Federal court complaint filed by eight states challenging the TotalEnergies settlement as a violation of the Judgment Fund Act and other federal laws.
Interior announces $765 million Invenergy settlement
Incident
The Department of the Interior announced a settlement with Invenergy to cancel four offshore wind leases, in the New York Bight, the Gulf of Maine, and off California, for a combined $765 million, which Invenergy agreed to redirect into natural gas and geothermal projects.
[07]DOI settlement redirects $765 million from offshore wind to gas, geothermal projects
World Oil report on Interior's settlement with Invenergy to cancel four offshore wind leases for a combined $765 million.
72 days between recorded events
August 2026
1 event
California sues over the Golden State Wind settlement
Reaction
California filed suit in the U.S. District Court for the Northern District of California, challenging the Golden State Wind lease buyout as a violation of the Judgment Fund Act, the Antideficiency Act, and other federal laws.
[08]State of California v. United States Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (N.D. Cal. No. 3:26-cv-09123)
Federal court complaint filed by California challenging the Golden State Wind lease buyout and its funding from the Judgment Fund.
25 days between recorded events
September 2026
1 event
States file three more Judgment Fund lawsuits over Bluepoint Wind and Invenergy
Reaction
Eight states filed suit in the Eastern District of New York over the Bluepoint Wind settlement and in the District of Maine over Invenergy's multistate leases, while California separately sued over Invenergy's California lease; the states said the administration had by then committed more than $4 billion in Judgment Fund payments to cancel offshore wind leases.
[09]State of New York et al. v. U.S. Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (E.D.N.Y. No. 1:26-cv-05851)
Federal court complaint filed by eight states challenging the Bluepoint Wind settlement as a violation of the Judgment Fund Act; recites the broader pattern of offshore wind lease buyouts and the more than $4 billion total.
State of New York et al. v. U.S. Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (E.D.N.Y. No. 1:26-cv-05851) · Letitia Jamesparagraphs 11-20, 450[10]State of New York et al. v. U.S. Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (D. Maine No. 2:26-cv-00453)
Federal court complaint filed by eight states challenging the Invenergy settlement covering three offshore wind leases as a violation of the Judgment Fund Act.
State of New York et al. v. U.S. Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (D. Maine No. 2:26-cv-00453) · Letitia Jamesparagraphs 1-4, 137-142[11]State of California v. United States Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (N.D. Cal. No. 4:26-cv-10778)
Federal court complaint filed by California challenging Invenergy's California lease buyout; also recites the August 28, 2026 California lawsuit over the Golden State Wind buyout and the total Judgment Fund spending across the settlements.
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
The settlement payments to offshore wind developers are not lawful compromise settlements of actual or imminent litigation and are a type of payment otherwise provided for by law under the Outer Continental Shelf Lands Act, making them unavailable from the Judgment Fund under 31 U.S.C. 1304.
Sources (2)
- State of New York et al. v. U.S. Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (E.D.N.Y. No. 1:26-cv-05851) · Letitia Jamesparagraphs 11-20, 450
Disputed claim
The payment TotalEnergies is receiving is not taxpayer money but the return of funds the company itself paid to the Treasury for its leases in 2022.
Sources (1)
Disputed claim
The lease buyout payments are a dollar-for-dollar refund of money the companies already paid the Treasury, not new taxpayer spending, because the leases were no longer viable without government-favored terms.
Sources (2)
- Interior Announces Two Historic Agreements to Promote Affordable, Reliable Energy Production in the United States · U.S. Department of the Interior
Response record
Responses
Latest recorded positions: 8. Dates: March 24, 2026 to September 22, 2026
Choose one response filter, or select All responses to see the full record.
1 response on this page
Doug BurgumDirectly involved"They essentially gave the U.S. government an interest-free loan and their money was refunded to them"
Open source (opens in a new tab)New York, 6 other states sue over the Trump administration's deal to end an offshore wind project · PBS NewsHourDefended or excusedResponding to: The lease buyout payments are a dollar-for-dollar refund of money the companies already paid the Treasury, not new taxpayer spending, because the leases were no longer viable without government-favored terms.
Read more
Interior Secretary Doug Burgum told the House Natural Resources Committee that TotalEnergies was simply refunded money it had already paid the government for its offshore wind leases, comparing the arrangement to an interest-free loan.
Role at the time: U.S. Secretary of the Interior
Before the statement
Rep. Dave Min asked Burgum whether it was appropriate for Interior to send $1 billion to a foreign energy company to stop producing energy while Americans face high utility bills.
After the statement
Min responded that the cancellation was a case study in what he called an economically illiterate and unlawful energy strategy.
Why this label?
Burgum argues the payment was a legitimate refund of the company's own money rather than new taxpayer spending, defending the payment's basis against Rep. Dave Min's questioning.
This label describes the statement's response within the context above.
Sources
(15)
Original text
State of New York et al. v. U.S. Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (E.D.N.Y. No. 1:26-cv-05851)
Relevant passage: paragraphs 11-20, 450
About this source
Federal court complaint filed by eight states challenging the Bluepoint Wind settlement as a violation of the Judgment Fund Act; recites the broader pattern of offshore wind lease buyouts and the more than $4 billion total.
- Published
- Accessed
Original text
State of California v. United States Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (N.D. Cal. No. 3:26-cv-09123)
Relevant passage: paragraphs 8-11
About this source
Federal court complaint filed by California challenging the Golden State Wind lease buyout and its funding from the Judgment Fund.
- Published
- Accessed
Reporting
DOI settlement redirects $765 million from offshore wind to gas, geothermal projects
About this source
World Oil report on Interior's settlement with Invenergy to cancel four offshore wind leases for a combined $765 million.
- Published
- Accessed
Reporting
Trump's $1B offshore wind payout to TotalEnergies sparks legal concerns
About this source
Canary Media report on legal questions surrounding the TotalEnergies settlement, including CEO Patrick Pouyanne's CNBC remarks and a former BOEM director's rebuttal.
- Published
- Accessed
Official statement
During Climate Week, Attorney General Bonta Announces Second Lawsuit Challenging Unlawful Trump Administration Offshore Wind Deal
About this source
California Attorney General's press release announcing the lawsuit over Invenergy's California lease buyout.
- Published
- Accessed
Reporting
New York, 6 other states sue over the Trump administration's deal to end an offshore wind project
About this source
PBS News report on the first lawsuit over the TotalEnergies settlement, including Interior's response and Secretary Burgum's May 13, 2026 House testimony about the payment.
- Published
- Accessed
Official statement
Attorney General James and Governor Hochul Announce Lawsuit Challenging Trump Administration's Illegal Offshore Wind Deals
About this source
New York Attorney General's press release announcing the lawsuits over the Bluepoint Wind and Invenergy settlement payments.
- Published
- Accessed
Official statement
Letter from Reps. Jared Huffman and Jamie Raskin to Secretary Doug Burgum and Acting Attorney General Todd Blanche
About this source
Letter from the ranking members of the House Natural Resources and Judiciary committees questioning the legal basis for the TotalEnergies settlement.
- Published
- Accessed
Official statement
Letter from Rep. Deborah Ross and 14 other House members to President Trump, Attorney General Blanche, and DOI Inspector General Brzymialkiewicz
About this source
Letter from 15 House Democrats demanding records on the legal basis for the offshore wind settlement payments and asking that further payments be suspended pending review.
- Published
- Accessed
Official statement
Letter from Sen. Sheldon Whitehouse to TotalEnergies CEO Patrick Pouyanne
About this source
Letter from the ranking member of the Senate Environment and Public Works Committee opening an investigation into the TotalEnergies settlement's compliance with the Judgment Fund Act.
- Published
- Accessed
Original text
State of California v. United States Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (N.D. Cal. No. 4:26-cv-10778)
Relevant passage: paragraphs 107-121
About this source
Federal court complaint filed by California challenging Invenergy's California lease buyout; also recites the August 28, 2026 California lawsuit over the Golden State Wind buyout and the total Judgment Fund spending across the settlements.
- Published
- Accessed
Original text
State of New York et al. v. U.S. Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (D. Maine No. 2:26-cv-00453)
Relevant passage: paragraphs 1-4, 137-142
About this source
Federal court complaint filed by eight states challenging the Invenergy settlement covering three offshore wind leases as a violation of the Judgment Fund Act.
- Published
- Accessed
Original text
State of New York et al. v. United States Department of the Interior et al., Complaint for Declaratory and Injunctive Relief (D.D.C. No. 1:26-cv-01910)
Relevant passage: paragraphs 1-20
About this source
Federal court complaint filed by eight states challenging the TotalEnergies settlement as a violation of the Judgment Fund Act and other federal laws.
- Published
- Accessed
Official statement
Interior Announces Two Historic Agreements to Promote Affordable, Reliable Energy Production in the United States
About this source
Department of the Interior press release announcing settlement agreements to cancel Bluepoint Wind's and Golden State Wind's offshore wind leases, with quotes from Secretary Burgum and Associate Attorney General Woodward.
- Published
- Accessed
Official statement
Interior and TotalEnergies Agree to End Offshore Wind Projects, Lowering Costs for American Families
About this source
Department of the Interior press release announcing the settlement agreement to cancel TotalEnergies' two offshore wind leases and reimburse the company $928 million combined.
- Published
- Accessed