On January 30, 2023, the U.S. Department of the Interior’s Bureau of Energy Management published its proposed Renewable Energy Modernization Rule – which is intended to update and modernize the regulations governing wind energy development on the Outer Continental Shelf (OCS) – in the Federal Register, opening a 60-day comment period.
Continue Reading BOEM Publishes Proposed Renewable Energy Modernization Rule

On January 12, 2023, the U.S. Department of the Interior’s (DOI) Bureau of Energy Management (BOEM) announced the signature of a Notice of Proposed Rulemaking (NOPR) addressing the regulations governing wind energy development on the Outer Continental Shelf (OCS). As BOEM notes in the NOPR, the first OCS renewable energy regulations were promulgated in 2009 by the Minerals Management Service, the predecessor to BOEM.  Through the NOPR, BOEM intends to modernize its regulations by implementing reforms identified by the agency and recommended by stakeholders since 2010, when BOEM was established. 

Continue Reading BOEM Proposes New Regulations for Offshore Wind

This article follows up on two prior articles published by Hunton Andrews Kurth LLP attorneys focusing on the Department of the Interior’s (“DOI”) funding of state orphaned well programs[1] and the Biden Administration’s promise of a greater emphasis on consulting with indigenous people and acknowledging their communities’ cultures, customs, sacred sites, and historical knowledge in the contexts of environmental planning, sustainability, and justice, and in ongoing and forthcoming federal decision making and regulatory rulemaking.[2]

Continue Reading Biden Administration Makes $50 Million in Funding Available for Orphaned Well Clean Up on Tribal Lands

On October 18, 2022, the Department of the Interior announced that the Bureau of Ocean Energy Management will hold an offshore wind energy lease sale on December 6, 2022, for areas on the Outer Continental Shelf off central and northern California. This will be the first-ever offshore wind lease sale on America’s west coast and the first-ever US sale to support potential commercial-scale floating offshore wind energy development.
Continue Reading First Offshore Wind Energy Lease Sale in the Pacific Creates Opportunity for Developers

The Gulf of Mexico has long been home to offshore energy development, but with President Biden’s call to advance offshore wind development, a new change is potentially coming to the horizon—wind farms. At the helm of Gulf wind development is the Department of the Interior’s Bureau of Ocean Energy Management, who has now announced the solicitation of public comments on two potential wind energy areas off the coasts of Texas and Louisiana and the related environmental assessment for the entire Gulf Call Area.
Continue Reading Change on the Horizon for Gulf of Mexico Energy Production

Yesterday, June 23, 2022, The Biden Administration announced the launch of a Federal-State Offshore Wind Implementation Partnership (“Partnership”) to expedite and foster the growth of wind energy, tackle the climate crisis, strengthen American energy security, and achieve the goal of deploying 30 gigawatts (GW) of offshore wind by 2030. 

Continue Reading Power to Launch: Creation of Federal-State Offshore Wind Implementation Partnership

In line with the Biden administration’s focus on expanding offshore wind energy, the Bureau of Ocean Energy Management (BOEM) is seeking public review and comments on the draft Morro Bay Wind Energy Area (WEA) environmental assessment (EA) by Friday, May 6, 2022. The EA for the Morro Bay WEA “considers potential environmental and socioeconomic effects from issuing offshore wind energy leases and related site characterization and assessment activities.” Written comments may be filed or shared virtually at the April 14 or April 19 meeting.

Continue Reading BOEM Prepares for California Offshore Wind Energy Area with Request for Public Comments on Draft Environmental Assessment

Last week, the Securities and Exchange Commission (SEC) revealed its much-anticipated proposal to require that public companies disclose climate-related information. The proposed rule is significant because, for the first time, the SEC would mandate that companies (including foreign companies) publicly traded in the US disclose climate-related risk and greenhouse gas (GHG) emissions information beyond the risk information currently required by existing SEC rules applicable to registration statements and annual reports.

Continue Reading What’s Worth Understanding: The SEC Proposes a Mandatory Climate Disclosure Regime for Public Companies

On the heels of the November 2021 Tribal Nations Summit, a flurry of memoranda was signed by the White House and many government agencies. These memoranda seek to further the Biden administration’s promises of consulting with indigenous people and acknowledging their communities’ cultures, customs, sacred sites, and historical knowledge in the contexts of environmental planning, sustainability, and justice, and in ongoing and forthcoming federal decision making and regulatory rulemaking. Center stage in the ongoing discussion is Indigenous Traditional Ecological Knowledge (ITEK), and the need for including and consulting with Tribal communities on the front end of planning as part of the environmental review process under the National Environmental Policy Act (NEPA). Stakeholders from developers and investors to Tribes and regulators, among other parties, should expect increased focus and guidance from the Biden administration in 2022 on these issues.
Continue Reading 2022 Promises Greater Focus on Tribal Consultation and Incorporation of Indigenous Traditional Ecological Knowledge in the Permitting Process