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

This week the US District Court for the Northern District of California overturned three Endangered Species Act (ESA) rules issued in 2019 that address: (1) listing species and designating critical habitat, (2) extending take prohibitions to threatened species, and (3) § 7 interagency consultation. Center for Biological Diversity v. Bernhardt, 19-05206 (N.D. Cal. July 5, 2022). The three rules were issued by the US Fish and Wildlife Service and National Marine Fisheries Service (together, the Services) in August 2019 and together represented the first comprehensive revisions to the ESA regulations in 33 years. The order has a number of important regulatory and caselaw implications. 

Continue Reading Court Vacatur of Comprehensive 2019 Endangered Species Act Rules Raises Big Questions

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

On December 7, 2021, the California Air Resources Board (CARB) held a public workshop to preview potential changes to the groundbreaking California Low Carbon Fuel Standard (LCFS) program, which has served as a model for other low carbon fuel programs across the country.  CARB is accepting written public comments on the concepts presented in the workshop through January 7, 2022.
Continue Reading CARB Previews Future Changes to California Low Carbon Fuel Standard

As a top priority for the Biden Administration and a key component of energy transition plans, offshore wind energy development is front and center and receiving a lot of attention.  The Biden Administration has announced a commitment to create 30 gigawatts of electricity via US offshore wind by 2030. Congress provided a boost to offshore wind development late last year via a 30% investment tax credit to projects that start construction before 2026.  And just last week, Interior Secretary Deb Haaland announced plans to spur that development by offering a slate of offshore wind lease sales by 2025 in federal waters off the East, Gulf, and West Coasts.

Continue Reading Five Things You Should Know About Offshore Wind Development Right Now