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If at First You Succeed, Try Try Again: BOEM Wastes No Time Queuing up Another Central Atlantic Lease Sale

Fast on the heels of a small but successful sale of two leases off Delaware and Virginia, the Bureau of Ocean Energy Management (BOEM) has issued a Call for Information (“Call”) to kick off another round of leasing in the...more

Wind in Our Sales: Decoding the ‎Central Atlantic Offshore Wind Auction Results

On August 14, the Bureau of Ocean Energy Management (BOEM) held its long-awaited Central Atlantic lease sale, auctioning leases off Delaware and Virginia to Norwegian energy giant Equinor and utility Dominion Energy...more

Get Into the Ring: The Supreme Court’s Loper Bright and Corner Post Rulings Set up Round Upon Round of New Regulatory Challenges

The one-two punch of the U.S. Supreme Court’s rulings in Loper Bright Enterprises v. Raimondo (“Loper Bright”) and Corner Post, Inc. v. Board of Governors of the Federal Reserve System (“Corner Post”) this past week spun...more

Locke Lord Deep Dive: Treasury Issues Final Regulations Providing Guidance on Transfer of Certain Credits Under the Inflation...

On April 30, 2024, the Internal Revenue Service (“IRS”) and the U.S. Treasury Department (“Treasury”) published Final Treasury Regulations (T.D. 9993) (the “Final Regulations”) providing guidance relating to the election...more

Permian Predicament Comes to Pass: ‎USFWS Promulgates ‎Endangered Listing for Dunes Sagebrush ‎Lizard

On May 20, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule listing the dunes sagebrush lizard (DSL) as endangered under the federal Endangered Species Act (ESA). The DSL is a small, spiny lizard...more

Trust the Process? CEQ’s NEPA Phase II ‎Regulations a Mixed Bag and a Missed ‎Opportunity

Introduction On May 1, the White House Council on Environmental Quality (“CEQ”) published its Final Rule implementing revisions to the National Environmental Policy Act (“NEPA”)—better known as Phase 2 (the “Final Rule”)....more

Floating on Both Coasts: Gulf of Maine ‎and Oregon Proposed Sale Notices Are a Study in Contrasts

If the offshore wind industry is going to come close to meeting the Biden Administration’s goal of deploying 15 GW for floating wind by 2035, it’s going to require a lot of turbines spinning in the Gulf of Maine and off a...more

Offshore Wind Gets Some Modern Love: BOEM/BSEE Update Regulations to Better Reflect Current Practices

Last week, the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE) jointly finalized a long-awaited overhaul of their offshore wind leasing and permitting regulations, which...more

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

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

Revisions to Endangered Species Act ‎Regulations Reverse Some Trump, ‎Keep Some Trump, Raise ‎Opportunity for Mischief

On April 5, 2024, The U.S. Fish & Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) finalized a series of rules reversing certain revisions to the Services’...more

Latest Energy Communities Guidance Buoys Offshore Wind, but Navigation Hazards ‎Remain

On March 22, 2024, the IRS issued additional guidance (Notice 2024-30) on the energy communities provision of the Inflation Reduction Act. This latest guidance is narrowly focused on two topics: (1) expanding the “hook” by...more

BOEM Proposes to Go Another Round in ‎the Gulf of Mexico in ‎‎2024, ‎With Some Twists

In the world of offshore wind, the Bureau of Ocean Energy Management’s (“BOEM”) Gulf of Mexico region is known for its independent streak. The proposed sale notice (PSN) for its second Gulf of Mexico wind sale in two years...more

Survive and Advance: BOEM’s Gulf of Maine Leasing Process Makes It to the Next Round, but Can It Reach the Finals in 2024?

Of the four lease sales the Bureau of Ocean Energy Management (BOEM) expects to hold this year, the Gulf of Maine is shaping up to be the Big Dance. With some of the strongest winds on the East Coast, the Gulf of Maine is...more

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

Stop us if you’ve heard this one before: a group of local residents or businesses opposes a renewable energy project for aesthetic, economic, or ideological reasons. But when filing lawsuits challenging project approvals,...more

CCS in Focus: Texas on Deck for Class ‎VI Well Permitting Primacy

As interest and investment in carbon capture and sequestration (CCS) projects grows, spurred by the availability of tax credits and investor interest in the energy transition, the Environmental Protection Agency’s (EPA’s)...more

USFWS Spreads Its Wings – Final Eagle ‎Permit Rule Embodies ‎New Approach to Troubled Permit ‎Process

On February 12, 2024, the U.S. Fish and Wildlife Service (“USFWS” or “Service”) issued a long-awaited final rule revising its eagle permit program under the Bald and Golden Eagle Protection Act (15 U.S.C. 668-668d) (“BGEPA”)....more

BOEM Floats Another Oregon Milestone: Final Wind Energy Areas Designated

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

Locke Lord Deep Dive: Examining Proposed Regulations on Expanded ITC Under Inflation Reduction Act

On November 22, 2023, the Internal Revenue Service (“IRS”) and the U.S. Treasury Department (“Treasury”) published Proposed Treasury Regulations (REG-132569-17) (the “Proposed Regulations”) providing long-awaited guidance and...more

Treasury Issues Proposed Regulations ‎‎on Expanded ITC Under Inflation Reduction Act, ‎Boosting ‎‎Storage, Offshore Wind

On November 17, 2023, the Internal Revenue Service (“IRS”) and the U.S. Treasury Department (“Treasury”) issued Proposed Treasury Regulations (REG-132569-17) (the “Proposed Regulations”) providing guidance and amending...more

MA, RI and CT Sign MOU to Support ‎Offshore ‎Wind, but Key Gaps Remain‎

Last week, at the American Clean Power Association’s Offshore WINDPOWER Conference, Massachusetts Governor Maura Healey announced that Massachusetts, Rhode Island, and Connecticut have entered into a first-of-its-kind,...more

Another Predicament in the Permian: ‎USFWS Proposes Renewed Endangered Listing for ‎Dunes ‎Sagebrush Lizard

On July 3, 2023, the U.S. Fish and Wildlife Service (“the Service”) proposed to list the dunes sagebrush lizard (Sceloporus arenicolus) (“DSL”), a species found only in southeastern New Mexico and west Texas, as an endangered...more

A Precautionary Tale: D.C. Circuit ‎Strikes Down Precautionary Principle Under the ‎Endangered ‎Species Act

On June 16, 2023, a three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled unanimously that the National Marine Fisheries Service (“NMFS”), when faced with insufficient data, cannot rely on...more

Supreme Court Limits the Scope of ‎‎“Waters of the ‎U.S.”‎: What Developers Need to Know‎

The definition of the term “waters of the United States” (“WOTUS”) in the Clean Water Act (“CWA”), and the resulting scope of the jurisdiction of the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of...more

IRS Issues Guidance on the Domestic ‎Content Bonus Tax Credit Under the ‎Inflation Reduction Act

The Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) are steadily churning out guidance on the implementation of the Inflation Reduction Act’s (the “IRA”) expanded tax credits for renewable and...more

That Sinking Feeling: IRS Energy ‎Communities Guidance May Limit Eligibility of Many ‎Offshore ‎Wind Projects

In an ongoing series related to the Inflation Reduction Act (“IRA”), we have been looking at key provisions of the IRA with the potential to benefit the U.S. offshore wind industry. On April 5, 2023, the IRS issued Notice...more

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