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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

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

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

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

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

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

New IRS and Treasury Guidance on ‎Energy Community Bonus ‎Tax Credits Leaves as Many ‎Questions as ‎it Answers

On April 4, 2023, the Department of Treasury (the “Treasury”) and the Internal Revenue Service (“IRS”) published Notice 2023-29, Energy Community Bonus Credit Amounts under the Inflation Reduction Act of 2022 (“the Notice”),...more

Lek It or Not: ESA Listing of Lesser ‎Prairie-Chicken Has Major ‎Implications for Energy ‎Projects in ‎the Southwest

On November 25, 2022, the U.S. Fish and Wildlife Service (the “Service”) published a final rule listing two Distinct Population Segments (“DPSs”) for the lesser prairie-chicken (Tympanuchus pallidicinctus, “LEPC”) under the...more

Key Climate and Energy Provisions in ‎the Proposed Inflation ‎‎Reduction Act

On July 27, 2022 Senators Joe Manchin (D-WV) and Majority Leader Chuck Schumer (D-NY) reached an agreement to add the Inflation Reduction Act of 2022 (the Act) to the FY 2022 Budget Reconciliation Bill. The Act resurrects...more

Congress May Not Build Back Better, ‎but DOE Plans to Build a Better Grid

Although President Biden’s “Build Back Better” legislation faces daunting challenges in the Senate, the Administration continues to use the executive branch to push its clean energy agenda forward. Earlier this week, we...more

New York Bight Auction Represents ‎Next Step for Offshore Wind, but Headwinds Remain

On January 12, 2022, the Bureau of Ocean Energy Management (“BOEM”) announced its first ‎offshore-lease auction in over three years. The auction will take place on February 23, and will award ‎leases for over 488,000 acres in...more

Offshore Wind Closes 2021 Strong, ‎Further Growth Expected in 2022

In 2021, the demand for offshore wind in the United States grew significantly. With the recent announcements from Massachusetts and Maryland, over 8,400 MW of offshore wind power was procured last year. This sets a new record...more

Offshore Win(d): D.C. Circuit Dismisses Challenge to BOEM Leasing Program

On May 20, 2021, the D.C. Circuit affirmed a U.S. District Court ruling dismissing an appeal brought by the Fisheries Survival Fund, Garden State Seafood Association and seaside municipalities (“Appellants”) challenging the...more

Biden’s American Jobs Plan Prioritizes Renewable Infrastructure Investment Opportunities

The American Jobs Plan and Made in America Tax Plan (the “Plan”), announced by the Biden Administration on March 31, 2021, place heavy emphasis on renewable energy, electrical grid improvements, and climate change-related...more

What the Biden Administration Offshore Wind Proposal Could Mean for New York ‎Offshore Wind

On March 29, the Biden Administration issued a proposal to significantly boost U.S. investment in offshore wind energy. In addition to several funding mechanisms, the Administration proposed to designate a significant...more

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