News & Analysis as of

DONG Energy proposes Massachusetts offshore wind farm

A subsidiary of Danish energy company DONG Energy has proposed an offshore wind development to be located in federal waters off the Massachusetts coast. The "Bay State Wind" project would be a utility scale offshore wind...more

US auctions NJ offshore wind sites

The U.S. Department of the Interior has auctioned the rights to lease nearly 344,000 acres offshore New Jersey for potential offshore wind energy development. Under federal law, the Department of the Interior's Bureau...more

ORECs or ERCs: How Will New Jersey Pay for Offshore Wind?

On November 9, 2015, the federal Bureau of Ocean Energy Management (“BOEM”) will hold the fifth auction of leases for space on the Outer Continental Shelf in the Atlantic Ocean, this one offshore New Jersey. BOEM will offer...more

BOEM’s “Proposed Guidance” Shakes Up the Agency’s Supplemental Bonding Requirements

The Bureau of Ocean Energy Management (“BOEM”) has backed away from its proposed rulemaking regarding financial assurance requirements for the Outer Continental Shelf (“OCS”). On August 19, 2014, BOEM published an Advance...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Supply and Demand Geographic Mismatch (Part 2 of 6)

The Problem: Supply and Demand Geographic Mismatch Because much of America’s renewable energy supply is inland and demand is on the coasts (about 52% of the U.S. population is coastal), demand cannot meet supply without...more

Auction set for NJ offshore wind sites

The U.S. government has scheduled an auction for the rights to lease two areas of federal ocean space off New Jersey for offshore wind energy development. The auction, to be held November 9, 2015, will be the fifth...more

North Carolina offshore wind advances

Federal efforts to lease ocean sites off the North Carolina coast for offshore wind development advanced last week, when the Bureau of Ocean Energy Management issued a report finding that there would be no significant...more

Braving the Headwinds Hitting U.S. Wind Energy

The development of offshore wind projects in the U.S. has been a story of high hopes and many setbacks. Thus far, 2015 has perpetuated the same storyline, with major setbacks plaguing one of the major U.S. offshore wind...more

BSEE and DOI Take Action on Five-Year Anniversary of Deepwater Horizon

Action Item: BSEE has proposed significant changes to BOP systems and well operations in light of the five-year anniversary of the Deepwater Horizon incident. Stakeholders in offshore oil and gas operations should carefully...more

Virginia offshore wind research lease

The U.S. federal agency responsible for leasing offshore wind sites on the outer continental shelf has executed its first wind energy research lease, giving Virginia's state energy agency the right to pursue the Virginia...more

Regulating Exploration on the Arctic OCS: U.S. Federal Regulators Propose Rules for Oil and Gas Exploratory Drilling on the Arctic...

In recent years, the energy industry has expressed significant interest in investigating submerged lands on the U.S. Outer Continental Shelf (OCS) in the Arctic for commercial quantities of oil and natural gas. The...more

Center for Biological Diversity Files Complaint Against Federal Agencies to Halt Offshore Fracking in California

On Thursday, Feb. 19, the Center for Biological Diversity (“CBD”) filed suit against the Bureau of Ocean Energy Management (“BOEM”), the Bureau of Safety and Environmental Enforcement (“BSEE”), and the Department of the...more

North Carolina offshore wind environmental assessment

The U.S. Department of the Interior's Bureau of Ocean Energy Management has released an environmental assessment of the impacts of leasing sites off the North Carolina coast for offshore wind projects. This milestone...more

Proposed Outer Continental Shelf Oil and Gas Leasing Program

On Wednesday, January 28, as required by the Outer Continental Shelf Lands Act, Secretary of the Interior Sally Jewell and Bureau of Ocean Energy Management (BOEM) Director Abigail Ross Hopper announced the next step in the...more

Federal offshore wind auction held for sites off Massachusetts

Federal ocean energy managers have concluded an auction to lease over 350,000 acres off the Massachusetts coast to prepare for offshore wind development. Of the four parcels up for bid in today's auction, one was...more

Department of Interior Announces January Auction Date for Martha’s Vineyard Wind Energy Leases

On November 24th, the Department of the Interior’s Bureau of Ocean Energy Management (BOEM) announced that it would be auctioning off four commercial leases for the Wind Energy Area (WEA) south of Martha’s Vineyard on January...more

Rhode Island offshore transmission line

Federal regulators have granted a right-of-way in federal waters for an electric transmission line connecting to the proposed Block Island offshore wind farm off Rhode Island. The Bureau of Ocean Energy Management describes...more

OCS Operators and Lenders Beware - Comment Period Ending on BOEM Risk Management, Financial Assurance and Loss Prevention Notice...

Monday, November 17, 2014, is the last day to provide comments to the Bureau of Ocean Energy Management (BOEM) in connection with its Advance Notice of Proposed Rulemaking (ANPR) with respect to risk management, financial...more

A Provisional Winner of an Offshore Wind Lease is Announced and that Means the Goal Line is Still Far Off

Offshore wind took another small step forward last week when US Wind was announced as the provisional winner of the US Bureau of Ocean Energy Management's August 19 auction of development rights to nearly 80,000 acres off of...more

Maryland offshore wind sites auctioned

The U.S. Bureau of Ocean Energy Management has sold the rights to lease sites for offshore wind projects in federal waters off Maryland to US Wind Inc. for $8.7 million....more

U.S.-Mexico Agreement Update on the Transboundary Hydrocarbon Reservoirs

The current moratorium on oil exploration and production in the Western Gap portion of the Gulf of Mexico will end shortly. This development will help to kick start cooperative agreements between countries as well as spur...more

Offshore Acres and Leases Up for Grabs in the Atlantic Coast and Gulf Region

As a part of President Obama’s Climate Action Plan to promote American leadership in renewable energy, and coupled with the Interior’s “Smart from the Start” wind energy initiative for the Atlantic Coast, the Interior has...more

Federal Agency Approvals Beyond the Scope of the Migratory Bird Treaty Act

In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico...more

9th Circ. Reminds BOEM About The Importance Of Evidence

On Jan. 22, 2014, the Ninth Circuit held that the final environmental impact statement ("FEIS") and supplemental environmental impact statement ("SEIS") regarding the effects of proposed leases for oil and gas development in...more

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