The Infrastructure Investment and Jobs Act (IIJA), signed into law on November 15, 2021, amended Section 40307 of the Outer Continental Shelfs Act (OCSLA) to provide authority to the U.S. Department of Interior (DOI) to grant leases, easements, or rights of way that “provide for, support, or are directly related to the injection of a

Over the past year, the U.S. Department of Interior has taken several important steps toward making wind energy development a reality in the Gulf of Mexico. This is the first in a series of articles in which Liskow’s offshore team will discuss the regulatory framework for wind energy projects in federal waters and highlight legal

In a recent opinion released by the United States Court of Appeals for the District of Columbia Circuit, the court declined to vacate a deficient environmental impact statement (“EIS”) prepared in connection with two offshore lease sales held in 2018, the records of decision announcing the sales, or the leases issued.

The court stated that

In response to multiple requests from stakeholders and interested parties during the third Gulf of Mexico (GOM) Intergovernmental Renewable Energy Task Force meeting, the Bureau of Ocean Energy Management agreed to extend the public comment periods for the two potential wind energy areas (WEAs) and the draft Environmental Assessment (EA). Both 30-day comment periods

The Bureau of Ocean Energy Management (BOEM) held its third Gulf of Mexico (GOM) Intergovernmental Renewable Energy Task Force meeting on July 27, 2022 (3rd Meeting). The first two meetings were held on June 15, 2021, and February 2, 2022, respectively. The primary purpose of this meeting was to present the preliminary

Last week, the U.S. Department of the Interior released its proposed Outer Continental Shelf (OCS) five-year program for offshore oil and gas leasing. The Outer Continental Shelf Lands Act (OCSLA) requires the Secretary of the Department of the Interior to “prepare and periodically revise and maintain an oil and gas leasing program” (i.e., a five-year

On June 23, 2022, the Bureau of Ocean Energy Management (BOEM) published a draft guidance on mitigating potential impacts of offshore wind development on commercial and recreational fishing. The final guidance document will set forth required information that lessees must submit to BOEM at each stage of a wind project, i.e., Site Assessment Plan (SAP)

Yesterday the U.S. Customs and Border Protection (“CBP”) published a new ruling on Jones Act compliance in the installation of offshore wind turbines.  While the ruling addresses and confirms several established compliance points in the rapidly developing U.S. wind market, CBP introduced a new wrinkle that will aid U.S. vessel owners.

First, the new development. 

On February 11, 2022, the Biden Administration’s climate change agenda sustained a major blow as Judge James D. Cain of the Western District of Louisiana enjoined a Biden administration executive order that charged federal agencies with considering the “social cost of carbon” in their decision making.  The injunction could have far reaching impacts on the