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National Environmental Policy Act BOEM

Mintz

Whenever this Supreme Court agrees to review a 9th Circuit interpretation of a law, the outcome is nearly certain. This NEPA case...

Mintz on

This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more

Bracewell LLP

Offshore Wind Litigation: First Circuit Affirms Dismissal of Challenges Against Vineyard Wind

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The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued...more

Locke Lord LLP

Update to Standing up to the Plaintiffs: Courts Scrutinize Pretextual Challenges to Offshore Wind

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UPDATE: A recent lawsuit against Dominion Energy’s approved Coastal Virginia Offshore Wind (CVOW) project off the coast of Virginia underscores our prediction in our March 8 QuickStudy that plaintiffs will craft their...more

Nossaman LLP

Advocacy Groups File Endangered Species Act Suit Against Virginia Offshore Wind Project

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On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more

Locke Lord LLP

BOEM Floats Another Oregon Milestone: Final Wind Energy Areas Designated

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On February 13, 2024, the Bureau of Ocean Energy Management (BOEM) designated two final Wind Energy Areas (WEAs) for the development of floating offshore wind energy projects off the southern coast of Oregon. This...more

Allen Matkins

Renewable Energy Update 12.21.23

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The Bureau of Ocean Energy Management (BOEM) will be conducting a regional environmental review of potential development activities on the five offshore wind lease areas off California’s central and north coasts....more

Bracewell LLP

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

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Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

Pillsbury Winthrop Shaw Pittman LLP

California Rolls Out Offshore Wind Permitting Roadmap

California has tremendous offshore wind resources and ambitious offshore power goals, but the uncertain rules and regimes for development have delayed implementation of projects. The California Energy Commission (CEC)...more

Nossaman LLP

Massachusetts Court Refuses to Halt Construction of Offshore Wind Project

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On May 25, 2023, the federal District Court for the District of Massachusetts denied a motion by plaintiffs seeking to halt construction of the Vineyard Wind project offshore of Massachusetts, in the case of Seafreeze...more

Perkins Coie

BOEM Takes Next Step Toward 2023 Gulf of Mexico Offshore Wind Lease Sale

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On May 30, 2023, the Bureau of Ocean Energy Management (BOEM) announced its final environmental assessment (EA) of the effects of site characterization and site assessment activities associated with leasing federal waters in...more

Perkins Coie

District Court Dismisses Case Challenging Offshore Wind Project

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The U.S. District Court for the District of Massachusetts granted the government’s motion for summary judgment on May 17, 2023, in a case seeking to invalidate agency approvals of the first utility-scale offshore wind project...more

Bracewell LLP

Offshore Wind Litigation: Court Denies Challenge to Major Offshore Wind Project

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The federal government has successfully defended its approvals of the Vineyard Wind project offshore Massachusetts (Project), setting the stage for further decisions as other challenges proceed. Vineyard Wind is the first...more

Nossaman LLP

Massachusetts Court Rejects Endangered Species Act Challenge to Offshore Wind Project

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On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary...more

Bracewell LLP

Offshore Wind Litigation: Court Dismisses Challenge to BOEM’s Process to Identify the New York Bight Lease Areas

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The federal government’s offshore wind program notched another important victory on March 9, 2023, when the United States District Court for the District of Columbia dismissed a lawsuit seeking to overturn the New York Bight...more

Holland & Knight LLP

BOEM Transfers Certain Regulatory Authority Over Offshore Wind Development to BSEE

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Existing safety and environmental oversight and enforcement regulations governing Outer Continental Shelf (OCS) renewable energy activities were moved from the purview of the Bureau of Ocean Energy Management (BOEM) to that...more

Perkins Coie

BOEM Announces First Regional Environmental Analysis of Offshore Renewable Energy

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The Bureau of Ocean Energy Management (BOEM) published its notice of intent (NOI) on Friday, July 15, 2022, to prepare a programmatic environmental review to analyze the potential impacts of wind energy development activities...more

Husch Blackwell LLP

BOEM Readies Itself for Further Offshore Wind Development Along the Central Atlantic and Oregon Coasts

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The Bureau of Ocean and Energy Management (BOEM) revealed its intention to request Calls for Information and Nominations for a variety of Call Areas along the Central Atlantic and Oregon coasts on April 27. The Calls for...more

Perkins Coie

Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area Designations

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New York Bight Lease Sale Under Attack - A New Jersey-based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022. They are asserting...more

Allen Matkins

Offshore Wind Development Blows Closer to Reality in California

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Offshore wind development in federal waters off the California coast is rapidly moving closer to reality. Although construction and operation remains several years away, the Bureau of Ocean Energy Management (BOEM), the...more

Husch Blackwell LLP

Property Owners Lodge a NEPA Challenge to the South Fork Offshore Wind Farm Project

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Last week’s blog post on NEPA and renewable energy development discussed how NEPA intersects with legal challenges brought against wind and solar projects. On March 9, 2022, concerned residents from the Town of East Hampton,...more

Husch Blackwell LLP

Legal Challenges to Renewable Energy Development, and How NEPA Can Help

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2021 witnessed a new but familiar competition among stakeholders for the use and enjoyment of the Outer Continental Shelf. Last year, interested parties initiated five lawsuits against the first federally approved offshore...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

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The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

Perkins Coie

Escalating Stakes in Battle for Ocean Wind

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Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here. However,...more

Husch Blackwell LLP

From Sea to Shining Sea, U.S. Continues Renewable Energy Push with Biden Administration’s Latest Commitment to Offshore Wind

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The momentum behind offshore wind has continued to grow since our February 2021 post on the topic. Last week, the U.S. Department of the Interior announced plans to open seven more offshore wind leases by 2025 off both coasts...more

Holland & Knight LLP

California Legislature Passes Landmark Legislation to Bolster Offshore Wind Energy

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The California Legislature on Sept. 9, 2021, approved landmark state legislation to facilitate California's offshore wind energy potential. Assembly Bill (AB) 525 requires the California Energy Commission (CEC) to prepare a...more

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