News & Analysis as of

Outer Continental Shelf Renewable Energy

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

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

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

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

Sunstein LLP on

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

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

Parker Poe Adams & Bernstein LLP

Excitement Builds Around Offshore Wind in North Carolina

On April 29, 2022, BOEM published a Call for Information and Nominations (Call) for six distinct areas in the Central Atlantic comprising almost 3.9 million acres, which are shown on the map below. BOEM will consider...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

Husch Blackwell LLP

BOEM Takes Another Step Toward Leasing the Outer Continental Shelf for Offshore Wind

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Last week, the Bureau of Ocean and Energy Management (BOEM) held its second of two intergovernmental stakeholder meetings to discuss offshore wind in the Gulf of Mexico. The February 2, 2022, meeting follows BOEM’s receipt...more

Blank Rome LLP

Can the Biden Administration Meet Its Offshore Wind Goals?

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In the first week of his presidency, President Biden, by Executive Order, set a goal of doubling offshore wind by 2030—an ambitious goal to help put the United States on a path to meet its commitments under the Paris Climate...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

Morgan Lewis - Power & Pipes

DOI Announces Proposed Lease Sale for Offshore Wind Development for New York and New Jersey

On June 11, 2021, the US Department of the Interior’s (DOI’s) Bureau of Ocean Energy Management (BOEM) issued a proposed sale notice to sell commercial wind energy leases on the Outer Continental Shelf (OCS) in the New York...more

Holland & Knight LLP

CBP's Most Recent Offshore Wind Jones Act Ruling Signals a Trend

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U.S. Customs and Border Protection (CBP) earlier this year for the first time expressly found that the Jones Act applies to transportation of merchandise from a U.S. port to a location on the U.S. outer continental shelf...more

Cozen O'Connor

Developments in Offshore Wind: Part Two

Cozen O'Connor on

The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the...more

Morgan Lewis

Morgan Lewis Spark | Q3 2020 - Russian

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As Russia and countries around the world continue to grapple with the fallout from the current COVID-19 pandemic, guiding this review, we continue to hope that you and your loved ones are doing well. Please keep in mind that...more

Morgan Lewis

Morgan Lewis Spark | Q3 2020 - English

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As Russia and countries around the world continue to deal with the repercussions of the ongoing COVID-19 pandemic, we continue to hope that you and your family are safe and healthy as you receive this update. Please know...more

Blank Rome LLP

New Legislation to Apply the Jones Act to Offshore Renewables

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Stakeholders in offshore wind construction projects, including vessel owners and operators, project developers, and equipment manufacturers, should ensure that their plans for offshore wind development comply with the Jones...more

Blank Rome LLP

The Challenges of Moving Offshore Wind from the Outer Continental Shelf to the Grid

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The Department of the Interior’s Bureau of Ocean Energy Management (BOEM), operating under 2005 amendments to the Outer Continental Shelf Lands Act (OCSLA), which authorized BOEM to issue leases for energy projects other than...more

Latham & Watkins LLP

Massachusetts Unveils Three Offshore Wind Farm Proposals

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New England wind farms poised to lead the way in utilities converting from fossil fuel to wind generation. The race is on to build the first utility-scale offshore wind farm in the United States (US) on the federal Outer...more

K&L Gates LLP

Avangrid Wins Latest BOEM Auction for Offshore North Carolina Lease and Moves Towards Full Commercial Lease

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Following an auction on March 16, 2017, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) named Avangrid Renewables, LLC (Avangrid) the provisional winner of the auction. Avangrid, majority owned...more

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