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?
Louisiana shrimpers will need to comply with the NMFS rule requiring TED devices on skimmers 40 feet or greater in length. The rule went into effect in Louisiana waters on February 1, 2022, after a court granted a six-month preliminary injunction and while the state of Louisiana’s challenge to the rule was pending. The Fifth Circuit recently affirmed that the state of Louisiana does not have standing to challenge this TED rule and dismissed the suit.
Continue Reading Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed
On May 25, 2023, the Nation’s first U.S.-built offshore wind substation departed from a Texas fabrication facility for the South Fork Wind Farm in federal waters on the New York outer continental shelf. This marks the start of Jones Act compliant offshore wind support vessels being manufactured domestically, including the first-ever U.S. flagged wind turbine installation vessel (“WTIV”) and offshore wind service operations vessel (“SOV”), both of which are currently under construction in Texas and Louisiana, respectively.
Continue Reading MADE IN AMERICA: U.S.-Built Offshore Wind Substation and Support Vessels Start to Set Sail for Federal Waters