Biden Administration Finalizes Three Wind Energy Areas off Mid-Atlantic Coast

On July 31, 2023, the Bureau of Ocean Energy Management (BOEM) announced three final wind energy areas (WEAs) off the shores of Delaware, Maryland and Virginia. The final WEAs have the potential to support 4-8 gigawatts of energy, contributing to the Biden administration’s goal to deploy 30 gigawatts of offshore wind energy capacity by 2030.

The WEAs were finalized through a comprehensive planning process, involving extensive engagement with states, tribes, local residents and government agencies such as the Department of Defense and NASA. In partnership with the National Oceanic and Atmospheric Administration’s National Centers for Coastal Ocean Science, BOEM developed an ecosystem-based ocean planning model to assist in selecting the final WEAs.

The new WEAs total approximately 356,550 acres:

  • WEA A-2 (101,767 acres) — 26 nautical miles (nm) from the Delaware Bay
  • WEA B-1 (78,285 acres) — 23.5 nm off the shore of Ocean City, Maryland
  • WEA C-1 (176,506 acres) — 35 nm from the Chesapeake Bay, off the shore of Virginia

Final Wind Energy Areas - 2023 Renewable Energy Program

The final WEAs are in relatively shallow water. After further study, BOEM may identify additional WEAs in deep-water areas off the U.S. Central Atlantic coast for future leasing.

Today, BOEM published to the Federal Register a notice of intent to prepare an environmental assessment of the potential impacts of offshore wind development on the sites. The agency is accepting public comments until Aug. 31, 2023. These may be submitted by mail or through the regulations.gov web portal. Another public comment period will occur if BOEM moves forward with a proposed lease sale.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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