SheppardMullin Six: Groundbreaking BOEM Lease Sale in New York Bight Further Accelerates Offshore Wind Development in the Atlantic

On January 12, 2022, the Bureau of Ocean Energy Management (“BOEM”) issued its Final Sale Notice for the auction of six offshore wind lease areas in federal waters off the coasts of New York and New Jersey (the “NY Bight FSN”), totaling more than 480,000 acres and up to 7 gigawatts (“GW”) of capacity. This will be the first offshore wind auction to take place under the Biden-Harris Administration, as well as the largest number of U.S. offshore wind lease areas ever offered as part of a single auction.

Here are six things to be aware of regarding the auction of offshore wind leases in the New York Bight:

1. On February 23, 2022, BOEM will auction six leases: Lease OCS-A 0537, Lease OCS-A 0538, Lease OCS-A 0539, Lease OCS-A 0541, Lease OCS-A 0542, and Lease OCS-A 0544 (the “Lease Areas”). A map of the Lease Areas may be found on BOEM’s website. These Lease Areas were selected by BOEM following an extensive notice and comment process. In response to feedback from various stakeholder groups including the National Marine Fisheries Service and the fishing industry, the U.S. Coast Guard and navigation interests, and the Department of Defense, the Lease Areas were reorientated and reduced in size by 22% compared to the area originally identified for development in BOEM’s Proposed Sale Notice (“PSN”).

Please see full Alert below for more information.

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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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