In 2021, the Biden Administration set a goal of deploying 30 gigawatts (“GW”) of federal offshore wind projects by 2030, and in 2022, the U.S. Department of the Interior (“DOI”) set an additional goal of deploying 15 GW of floating offshore wind by 2035.
Continue Reading U.S. Federal Offshore Wind in 2024: Growth and Growing Pains
This week EPA released the newest version of its environmental justice (EJ) screening and mapping tool, EJScreen 2.3. EJScreen is a mapping tool that combines environmental and socioeconomic data and is used to screen for potentially overburdened communities that may be affected by federal government programs and activities.
Continue Reading EPA Releases New Version of EJScreen
On July 1, 2024, the United States Supreme Court extended the deadline for challenging agency actions under the Administrative Procedure Act (“APA”), holding that the statute of limitations period does not begin to run “until the plaintiff is injured by final agency action.”
Continue Reading SCOTUS Stretches Statute of Limitations for Challenging Agency Actions Under APA
On Friday, June 28, 2024, the United States Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises v. Raimondo, 603 U.S. __ (2024), ushering in a new era of judicial review of agency action.
Continue Reading SCOTUS Dials Back Chevron Deference in Loper Bright Opinion
On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality’s (“CEQ”) finalized amendments to its National Environmental Policy Act (“NEPA”) regulations, arguing that the rule seeks expanded environmental review without statutory authority.
Continue Reading Louisiana and Texas Challenge CEQ’s Finalized NEPA Amendments
On February 9, 2024, the Department of the Interior (DOI) published its semi-annual regulatory agenda, which includes two new planned rulemakings affecting federal offshore leases.
Continue Reading DOI Regulatory Agenda Includes BSEE Rulemakings on Decommissioning and Bonding for Civil Penalty Appeals
The 2nd Annual Tulane Offshore Wind Conference capped off Louisiana Offshore Wind Week on Friday, January 19th. The conference included panels of offshore wind energy professionals discussing topics including leasing, permitting, financing, and the supply chain for US offshore wind energy.
Continue Reading Tulane Offshore Wind Conference Highlights Next Steps in GOM Offshore Wind Development
EPA issued draft guidance revising its Technical Guidance for Assessing Environmental Justice in Regulatory Analysis. The proposed revisions incorporate portions of Executive Order 14096, and they align with the federal government’s push to enhance community involvement, to assess cumulative impacts, and put EJ issues front and center in agency decision-making. Read more about the proposed changes here. #environmentaljustice
Continue Reading EJ Evolution: EPA Issues Draft Revision of Technical Guidance for Assessing Environmental Justice in Regulatory Analysis
EPA and the Army Corps published their new regulatory definition of “Waters of the United States” (WOTUS) today in response to the Supreme Court’s landmark Sackett decision from earlier this year. While the rule clearly narrows the scope of federally regulated wetlands, ambiguity remains as to certain types of wetlands.
Continue Reading EPA and Army Corps Release New WOTUS Rule
BOEM’s GOM wind lease sale earlier this week resulted in just 1 high bid of $5.6 million. A drop in the bucket compared to last year’s California wind lease sale which received five winning bids ranging from $130-$173.8 million and totaling $757.1 million. Now what? Find out here on Liskow’s Energy Law Blog.
Continue Reading First-Ever Gulf of Mexico Wind Auction Results in Only 1 Wind Lease Offshore Louisiana. What Happens Next?