Kerensa Gimre Associate

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 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.

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.

As the Bureau of Ocean Energy Management has ramped up offshore wind development to meet the Biden-Harris administration’s goal of generating 30 gigawatts of offshore wind by 2030, the expansion of offshore wind energy could affect the North Atlantic right whale.

The Bureau of Ocean Energy Management (BOEM) issued its Final Sale Notice (FSN) on October 18, 2022, for the first offshore wind energy leases on the west coast of the United States.

The U.S. administration’s goal of generating 30 GW of power through offshore wind by 2030 has spotlighted the Bureau of Ocean Energy Management (BOEM) to rapidly ramp up offshore wind development.

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.

Governor Hochul announced the release of New York’s third competitive Offshore Wind Renewable Energy Certificate solicitation on July 27, 2022.

The Bureau of Ocean Energy Management (BOEM) held its second offshore wind lease sale of 2022 off the East Coast on May 11, bringing in $315 million from two lease areas in the Carolina Long Bay.

President Biden, on March 31, 2022, invoked the Defense Production Act to secure reliable supply chains for minerals essential to a clean energy transition.

Offshore wind energy development received a huge dose of momentum at the end of February, as the Bureau of Ocean Energy Management (BOEM) held the largest offshore wind lease sale ever in the United States.

Under the new leadership of Director Jigar Shah, the U.S. Department of Energy’s Loan Programs Office (LPO) has announced that more than $40 billion is available in loans and loan guarantees to fund innovative energy infrastructure projects.

The U.S. Fish and Wildlife Service revoked its January 7, 2021, rule defining the scope of the Migratory Bird Treaty Act as it applies to conduct that results in the injury or death of protected migratory birds.