4 New York fishermen sue Empire Wind over damage to lobster trap operation

Four New York commercial fishermen have filed suit against Empire Wind and its parent company, Equinor Wind US, charging that construction of the 54-turbine array off Long Island’s South Shore has "devastated" their lobster-trap operation.

In a suit filed Oct. 30 in U.S. District Court in Brooklyn, a family of three lobstermen, Peter, Anthony and Carlo DiMeglio, and Franklin Square fisherman Timothy Hatch, allege construction of Empire Wind, currently consisting of 54 foundations, cables and an offshore substation, "catastrophically damaged" their livelihoods.

The suit charges that the Norway-based wind-power developer "knew that their construction efforts and offshore windmills would inflict economic harm on commercial fishermen." They said they applied for Empire’s compensation program for fishermen whose gear or businesses were damaged by the operation.

The men filed for a "conservatively estimated" economic loss of $3.466 million, yet the company offered the DiMeglios only $10,438 per vessel "over seven short years."

An Equinor spokesman said the company doesn’t comment on pending litigation, and a lawyer for the four fishermen didn’t return messages seeking comment.

In their suit the fishermen noted they "do not oppose offshore wind energy" or alternative, clean sources in general, but charged that the "millions that Empire has made to capitalize on this demand has had a profound detrimental economic impact on commercial fishing."

"Empire Wind’s destruction of the American lobster’s and tautog’s natural habitat off Long Island means the plaintiffs have lost their careers and livelihood, a harm that can only be compensated though damaged," the suit claims. It seeks unspecified damages "in excess of $75,000, including punitive damages and court costs.

The suit is the latest in a series of setbacks for the nascent U.S. offshore wind industry, which has been beset by rising material costs and interest rates and opposition from the Trump administration. Federal agencies have issued stop-work orders and said the wind farms damaged national security interests, while paying some developers to rescind their wind leases and cease all new federal permits.

But Empire Wind, under construction 14 miles from Jones Beach, and Sunrise Wind, off the coast of Rhode Island, continue work toward commercial operation this year and next. Empire, which awaits offshore support vessels being built in Mississippi and Louisiana, expects to begin tower, turbine and blade installation early next year; Sunrise Wind is at work on completing towers. The two wind farms cost a combined $13 billion to build, Newsday has reported.

The DiMeglios, from Yonkers and Ardsley, have fished state and federal waters "for decades," according to the complaint, in lobster-potting vessels, My Way, My Way II, and My Way III. Hatch also has fished for decades from the vessel, Rainbow II, the suit said. All hold New York State commercial lobster fishing licenses, among others, and also target tautog, known as blackfish, and Jonah crab.

They said in the suit that the fishing grounds they worked off Long Island’s South Shore in an area known as the New York Bight, had been "consistently productive" before Empire Wind began construction work in 2025. They collectively landed 500 to 600 pounds of lobster and blackfish per trip. Since construction, however, trips net under 75 pounds, they said.

As Newsday has reported, Equinor has maintained a series of protections for wildlife, including sea mammals, during construction, and conducted monitoring of sea life and the sea bed during the process.

Empire Wind developed "extensive fisheries and benthic (seafloor) monitoring program to assess potential impacts to the immediate marine ecosystem before, during and after the construction of the offshore wind farm," the company said on its website.

"With baseline data collection complete, the program continues to collect a wealth of data during the construction and operational phases of the offshore wind farm," Equinor’s site said. The company maintains a web page devoted specifically to fisheries compensation for construction and other impacts.

The fishermen in their suit said they notified Empire of the precise location of their traps once construction began last year, and received assurances that no bottom-disturbing work would take place in those areas. Two of the DiMeglios said they found their gear destroyed shortly thereafter, submitting gear-loss claims to Empire of $59,776, but the claims were denied.

The suit alleged that Empire has removed wrecks and artificial reefs from the seabed, while raking the seabed to remove rock formations favored by lobsters. Parts of the seabed have been "paved" with gravel, all of which "destroyed the natural marine habitats" of lobsters and blackfish.

"Empire Wind’s windmills operations also create noise and vibration that cause stress to American lobsters," leading them to "avoid the waters in favor of waters without noise and vibration," the suit said, contedning the damage is "irreversible."

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.