Laura Smith Morton Partner

The U.S. Department of Energy proposed to amend its National Environmental Policy Act procedures on November 16, 2023, to include a new categorical exclusion for certain energy storage systems and to expand its categorical exclusions for certain transmission lines and solar photovoltaic systems.

Last week, the U.S. Department of Energy released its National Transmission Needs Study, which concludes that there is a pressing need for additional transmission infrastructure.

The U.S. Department of Energy Office of Clean Energy Demonstrations, recently announced the project recipients selected for negotiation to develop seven regional clean hydrogen hubs across the United States.

The U.S. Court of Appeals for the District of Columbia Circuit’s decision in Maine Lobstermen’s Association v. State of Maine Dep’t of Marine Resources, 2023 WL 4036598 (D.C. Cir. June 16, 2023), stands as a warning that courts may show greater skepticism to statutory interpretations by agencies that reflect policy rather than empirical judgments (at least where they are not acknowledged as such).

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.

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 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.

This Update discusses a flurry of activity in the first quarter of 2023 from state and federal agencies focused on offshore wind transmission.

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.

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.

Secretary of the Interior Deb Haaland announced on December 5, 2022, that the U.S. Bureau of Land Management (BLM) will develop an updated Solar Programmatic Environmental Impact Statement (PEIS) to help guide solar energy development on public lands throughout the West.

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.

The Biden-Harris administration launched Version 1.0 of its Climate and Economic Justice Screening Tool on November 22, 2022.

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.

The $437 billion Inflation Reduction Act, signed into law on August 16, 2022, by President Biden, makes historic investments in clean energy. The IRA allocates $369 billion toward energy security, carbon emissions reduction, and climate resilience.

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

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.

The Bureau of Ocean Energy Management published its Proposed Sale Notice on May 31, 2022, for what would be the first ever offshore wind energy leases on the west coast of the United States.

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.

Ocean Conservancy and Perkins Coie partnered to outline actionable recommendations that, if implemented, would significantly increase the effectiveness, efficiency, and regulatory certainty of U.S. offshore wind.

The Bureau of Ocean Energy Management (BOEM) released its final sale notice (FSN) for two lease areas totaling 110,091 acres in the Carolina Long Bay Area on March 25, 2022.

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.

A New Jersey based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022.

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.

President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050

President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050.

The $1.2 trillion Infrastructure Investment and Jobs Act, which President Biden signed into law today, and the proposed $1.75 trillion Build Back Better Act (H.R. 5376) each set aside historic investments in clean energy.

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.

Laura Morton co-authored a report, “Toward Expanded U.S. Leadership on Global Water Security” for Water 2017.

Laura Morton, contributed a book chapter titled “Transforming U.S. Energy Infrastructures in a Time of Rapid Change” to Quadrennial Energy Review: First Installment.

Laura Morton contributed to a report for the U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy titled “A National Offshore Wind Strategy: Creating an Offshore Wind Industry in the United States".

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.