The Fiscal Responsibility Act, colloquially known as the Debt Ceiling Bill, was signed into law by President Joe Biden over the weekend and contains several amendments to the National Environmental Policy Act. These are the most substantive amendments to NEPA since the statute was enacted more than 50 years ago.

On May 30, 2023, the Bureau of Ocean Energy Management announced its final environmental assessment considering the effects of site characterization and site assessment activities associated with the leasing of federal waters in the Gulf of Mexico for offshore wind development. BOEM’s issuance of the final environmental assessment is one of the last steps before it holds the first-ever offshore wind lease auction in the Gulf of Mexico, which is anticipated to occur in fall 2023.

On May 11, 2023, the U.S. Environmental Protection Agency issued a proposed rule that would adopt new GHG emissions standards for certain coal and natural gas-fired power plants. The Proposed Rule aims to drive down GHGs in the electric generation sector significantly by requiring certain new and existing fossil generation to use CCS by 2035 or co-fire with hydrogen by 2032. Questions remain, however, whether this approach will fare any better than the Clean Power Plan on judicial review.

The U.S. District Court for the District of Massachusetts granted the government’s motion for summary judgment on May 17, 2023, in a case seeking to invalidate agency approvals of the first utility-scale offshore wind project in the United States.

On May 12, 2023, the U.S. Department of the Treasury issued Notice 2023-38, which contains the first rules concerning the domestic content bonus credits for renewable electricity, renewable natural gas, energy storage, hydrogen storage, and some hydrogen facilities pursuant to Code Sections 45, 48, 45Y, and 48E.

The U.S. Department of Energy published a combined Notice of Intent and Request for Information on May 9, 2023, that proposes a new applicant-driven, route-specific process to designate National Interest Electric Transmission Corridors.

On May 10, 2023, the Biden administration announced its support for permitting reforms contained in Joe Senator Manchin’s Building American Energy Security Act of 2023. The administration also announced its support for the inclusion of eleven priorities in any bipartisan permitting reform package, including accelerated deployment of critical electrical transmission, improved permitting efficiency and predictability, and robust community engagement.

On April 26, 2023, the New Jersey Board of Public Utilities formally requested that PJM Interconnection, L.L.C. incorporate New Jersey’s increased offshore wind goals into the PJM transmission planning process via the “State Agreement Approach.”

The Internal Revenue Service published guidance on April 17, 2023, in the form of a Notice of Proposed Rulemaking, detailing the critical minerals and battery components requirements under Section 30D, enacted by the Inflation Reduction Act of 2022.

The Maryland General Assembly passed the Promoting Offshore Wind Energy Resources Act on April 10, 2023, committing the state to develop 8.5 gigawatts of offshore wind by 2031.

The development of clean hydrogen—a key component to meeting the Biden Administration’s ambitious clean energy goals—was bolstered this week by the Administration’s announcements of the Pathways to Commercial Liftoff: Clean Hydrogen report and of $750 million in funding for research, development, and demonstration of clean hydrogen technologies. Because of its reliance on renewable energy, green hydrogen presents a significant opportunity for the offshore wind industry. As highlighted in the White House Ocean Climate Action Report, released on March 21, 2023, offshore wind development is a priority in the United States, with the Administration’s goal to deploy 30 gigawatts of offshore wind by 2030 and 15 GW in floating offshore wind by 2035.

All Member States of the United Nations Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction reached an agreement on March 4, 2023, regarding an international treaty governing the sustainable use and conservation of the “high seas”—areas of the ocean that lie beyond any single nation’s jurisdiction. The treaty represents a culmination of nearly two decades of negotiations and meetings. It is a crucial step toward achieving the recent UN 30x30 Agreement to protect 30% of the planet’s lands and oceans by 2030.

Last week, the Bureau of Ocean Energy Management issued a Proposed Sale Notice for the first offshore wind energy leases in the Gulf of Mexico. BOEM has dramatically reduced the proposed lease areas from the identified Wind Energy Areas, and there’s a chance that the ultimate lease areas will be even smaller. Similar to the California and Carolina Long Bay lease sales, BOEM is proposing to use a multiple-factor auction format and is newly proposing a fisheries compensatory mitigation fund bidding credit. Comments on the lease areas, auction format, proposed lease stipulations, and other issues will be accepted through April 25, 2023.

On Dec. 30, 2022, the U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced the latest final rule attempting to define "waters of the United States," or WOTUS.

The U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.

The 27th United Nations Climate Change Conference of the Parties was held in Sharm el-Sheikh, Egypt, in November 2020. While much was discussed during the conference, this Update includes key takeaways that may be of greatest interest to business leaders.

On December 6–7, 2022, the Bureau of Ocean Energy Management (BOEM) held its third offshore wind lease sale this year—and the first of its kind for floating wind—bringing in $757.1 million from five lease areas off the central and north coasts of California.

Five New England states recently issued a Request for Information seeking comment by October 14, 2022, on changes and upgrades to the regional electric transmission system to integrate renewable energy resources, particularly offshore wind. Through the RFI, the five states seek to improve the grid’s reliability, resilience, and affordability for the region’s electricity customers by integrating renewables and leveraging federal funding for transmission investments. Information received during the comment period will inform the states’ decisions to procure or facilitate transmission investment, inform planning activities, and further inform efforts to secure federal funding, including under the Infrastructure Investment and Jobs Act and the Inflation Reduction Act, and otherwise support infrastructure investment decisions.

President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022. CIRCIA solicits public comment for 60 days, beginning September 12, 2022.

The California Air Resources Board, on August 25, 2022, voted to adopt the lengthy and complex second iteration of the state’s ambitious zero-emission vehicle regulation now set to fully phase out the sale of conventional gas-powered vehicles by 2035.

President Biden signed into law the Inflation Reduction Act on August 16, 2022, which, among other things, uses the tax code to slow the effects of climate change by significantly investing in clean energy and reducing of greenhouse gas emissions by 40% by 2030.

Laura Morton and Ted Boling contributed a book chapter titled “Building the Plane While We’re Flying It – Should We Reform the Offshore Wind Leasing and Permitting Process During Liftoff for a New Industry?” to 68th Annual Institute Proceedings.

The Bureau of Ocean Energy Management published its notice of intent on Friday, July 15, 2022, to prepare a programmatic environmental review to analyze the potential impacts of wind energy development activities in the New York Bight—offshore New York and New Jersey.

Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here.

To take advantage of the new administration's emphasis on clean, renewable energy, and economic development and energy projects on tribal lands, developers may wish to explore streamlined surface leasing opportunities for development on tribal lands.

Commercial Renewable Energy Project Development program hosted by The Foundation for Natural Resources & Energy Law in Westminster, CO.

Counsel Andrea Driggs discussed how various per- and polyfluoroalkyl substances (PFAS) are regulated under environmental statutes such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Safe Drinking Water Act (SDWA); and the Clean Water Act (CWA). She also previewed developments at the state and federal levels.

Offshore wind is a critical part of a rapid transition to a carbon-free electrical grid. The industry faces significant barriers, however, in the planning, leasing, and permitting process. This panel examined potential legal and policy reforms that could provide more certainty for offshore wind projects.

Perkins Coie attorneys present at the HalfMoon Education, Inc. virtual program, “Environmental Issues in Energy Project Development”.