News & Analysis as of

Outer Continental Shelf

Holland & Knight LLP

Court Strikes Down Key Endangered Species Act Opinion

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A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more

Dorsey & Whitney LLP

Energy Law: Month in Review - April 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Vinson & Elkins LLP

BOEM Releases Tougher Financial Assurance Requirements for Offshore Oil and Gas Operations

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New and additional bonding requirements for certain companies operating on the Outer Continental Shelf (“OCS”) will take effect in June as a result of a recent rulemaking. These new requirements will be phased in over a...more

Holland & Knight LLP

Interior Department Announces Five-Year Lease Plan for Offshore Oil and Gas

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The U.S. Department of the Interior on Sept. 29, 2023, announced its long-awaited Five-Year Offshore Leasing Plan as required by the Outer Continental Shelf Lands Act (the Plan)....more

Blank Rome LLP

Evolution of Offshore Wind and the Coastwise Laws

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Over the past year, a number of new interpretations related to the application of the coastwise laws to the developing offshore wind industry in the United States have clarified how construction and operation of offshore wind...more

Adams and Reese LLP

U.S. Department of the Interior Publishes Final Well Control Rule to Help Prevent Offshore Catastrophic Blowouts

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The United States Department of the Interior published the final well control rule on Aug. 22 from the Bureau of Safety and Environmental Enforcement (BSEE). The rule clarifies blowout preventer (BOP) system regulations and...more

Opportune LLP

A Cost Benefit Analysis of Increased OCS Bonding

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The Opportune 2023 Study has been conducted to independently calculate the OCS plugging and abandonment (P&A) liability, assess the risk such liability poses to the U.S. taxpayer, and perform a cost-benefit analysis of how...more

Vinson & Elkins LLP

BOEM Bonding: What You Need to Know About New Financial Assurance Requirements Proposed for Offshore Oil and Gas Drilling

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The Biden administration has proposed changes regarding when oil, gas, and sulfur lessees and certain other parties operating in the offshore Outer Continental Shelf must post additional bonds or other “supplemental financial...more

Bracewell LLP

BOEM Releases Proposed Rule on Supplemental Financial Assurance for OCS Lease and Grant Obligations

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On June 29, 2023, the Department of Interior’s Bureau of Ocean Energy Management (BOEM) published a proposed rule that, if adopted, would substantially revise the financial assurance requirements applicable to offshore oil...more

Holland & Knight LLP

Interior Department Proposes Rule to Secure Decommissioning of Offshore Oil, Gas Infrastructure

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The U.S. Department of the Interior, through its Bureau of Ocean Energy Management (BOEM), published a proposed rule on June 29, 2023, to significantly modify how the agency assesses the offshore oil and gas industry's...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

Latham & Watkins LLP

BOEM Floats Proposal to Modernize Offshore Wind Regulations

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A new proposal aims to streamline the process for permitting and developing offshore renewable energy projects and reduce costs to developers. On January 30, 2023, the Bureau of Ocean Energy Management (BOEM) published a...more

Davis Wright Tremaine LLP

California Is Paving the Way for Offshore Wind

The California coast is home to some of the best offshore wind resources in the country. The National Renewable Energy Laboratory (NREL) estimates that California's coast has a resource potential of 201,000 megawatts (MW) of...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

Holland & Knight LLP

Bureau of Ocean Energy Management Proposes Amendments to Modernize Offshore Wind Regulations

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The U.S. Department of the Interior's Bureau of Ocean Energy Management (BOEM) published a proposed rule to update regulations for the development of offshore wind energy resources, found at 30 C.F.R. Part 585.1 The...more

Bracewell LLP

BOEM Proposes to Modify its Offshore Renewable Energy Regulations

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On January 12, 2023, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) announced a proposed rule (the “Modernization Rule”) to modernize its regulations for renewable energy development on the...more

Latham & Watkins LLP

Momentum Builds Towards California Offshore Wind Reality

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California’s first upcoming offshore wind lease sale, scheduled for December 6, 2022, is the next major step forward for clean energy in the Golden State. The Bureau of Ocean Energy Management (BOEM) and the State of...more

Sheppard Mullin Richter & Hampton LLP

Offshore Wind Comes to the Gulf of Mexico

After the landmark prices received for eight offshore wind leases in the New York Bight, and with great anticipation for the upcoming December 6, 2022, lease auction for the Humboldt and Morro Bay Wind Energy Areas (WEAs) off...more

Sheppard Mullin Richter & Hampton LLP

California Offshore Wind Lease Sale Announced by Bureau of Ocean Energy Management

On October 21, 2022, the U.S. Bureau of Ocean Energy Management (“BOEM”) published a Final Sale Notice (“FSN”) for commercial leasing for wind power on California’s Outer Continental Shelf (“OCS”). Specifically, the FSN...more

Holland & Knight LLP

Inflation Reduction Act Advances Stalled Offshore Oil and Gas Lease Sales

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The Inflation Reduction Act (the Act), which passed the U.S. Senate on Aug. 7, 2022, requires that previously announced offshore lease sales in the Gulf of Mexico and Alaska be held during the next two years....more

Vinson & Elkins LLP

What the Inflation Reduction Act Would Do, and Not Do, to Support Continued Offshore Wind Development

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The Inflation Reduction Act spending bill, reflecting compromise between Senator Joe Manchin and Majority Leader Chuck Schumer, contains several measures to bolster offshore wind and other renewable energy development in the...more

Sunstein LLP

Wind Turbine Patents Extend to Outer Continental Shelf

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In a ruling having major implications for the offshore wind industry, the Federal District Court of Massachusetts held in May 2022 that patent law applies to wind turbines attached to the seabed within 200 nautical miles of...more

Vinson & Elkins LLP

The Big Squeeze? Proposed 2023-2028 Oil and Gas Leasing Program on the Outer Continental Shelf is Reduced to 11 Proposed Lease...

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On July 1, 2022,1 the Bureau of Ocean Energy Management (“BOEM”) released its Proposed Program for the U.S. Department of the Interior’s (“DOI”) National Outer Continental Shelf (“OCS”) Oil and Gas Leasing Program (“National...more

Holland & Knight LLP

Interior Releases Draft Program for New Offshore Leases; Future Uncertain

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The U.S. Department of the Interior on July 1, 2022, released its long-awaited update on the next Outer Continental Shelf (OCS) five-year proposed offshore drilling program (Program), a day after the previous program expired....more

Latham & Watkins LLP

Interior Proposes First Renewable Energy Lease Sale in Federal Waters Offshore California

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The proposal would auction off almost 375,000 acres of the Outer Continental Shelf offshore California for wind energy development. Key Points: ..The two areas proposed for leasing have the potential to provide more...more

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