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Responsible Offshore Development Alliance Files Complaint in Vineyard Wind Lawsuit

January 31, 2022 — The following was released by the Responsible Offshore Development Alliance:

Responsible Offshore Development Alliance (RODA), a broad membership-based coalition of fishing industry associations and fishing companies, filed suit today challenging the Interior Department’s approval of a massive offshore wind project to be constructed on a 65,000-acre tract in federal waters south of Martha’s Vineyard. The suit, filed in U.S. district court for the District of Columbia, names the U.S. Interior Department and Bureau of Ocean Energy Management, among others. The suit alleges that government agencies violated numerous environmental protection statutes in authorizing the Vineyard Wind 1 offshore wind energy project.

Annie Hawkins, Executive Director of RODA, stated: “In its haste to implement a massive new program to generate electrical energy by constructing thousands of turbine towers offshore the eastern seaboard on the Atlantic Outer Continental Shelf and laying hundreds of miles of high-tension electrical cables undersea, the United States has shortcut the statutory and regulatory requirements that were enacted to protect our nation’s environmental and natural resources, its industries, and its people.” She added, “The fishing industry supports strong action on climate change, but not at the expense of the ocean, its inhabitants, and sustainable domestic seafood.”

On October 19, 2021, RODA issued the government agencies a 60-day Notice of its Intent to Sue if they did not comply with the Clean Water Act, Endangered Species Act, Outer Continental Shelf Lands Act, and other federal environmental statutes. “The Alliance received no reply, and the environmental violations were not remedied,” Hawkins stated. “The decisions on this project didn’t balance ocean resource conservation and management, and must not set a precedent for the enormous “pipeline of projects” the government plans to facilitate in the near term. So we had no alternative to filing suit.”

 

World’s biggest offshore wind developers eyeing Louisiana for Gulf’s first turbines

January 24, 2022 — The Texas coast may have better winds for offshore wind development, but it’s Louisiana’s political winds that are drawing the interest of the industry’s two biggest players.

Orsted and RWE, which rank No. 1 and No. 2 in the booming offshore wind market, both highlighted Louisiana’s political support for offshore wind in letters to federal energy regulators tasked with readying the Gulf of Mexico for what could be a flurry of offshore wind development.

RWE, a German company that has renewable energy operations in 15 countries, urged regulators to focus on Louisiana despite studies showing Texas has a clear advantage with stronger, more consistent wind speeds.

“To date, Louisiana is the only state along the Gulf of Mexico that has signaled its interest in pursuing an offshore wind policy to meet its climate objectives,” Kate McKeever, an RWE manager of U.S. government affairs, told the U.S. Bureau of Ocean Energy Management, also known as BOEM.

Read the full story from the Times-Picayune at the Rome News-Tribune

Final approval for South Fork Wind project

January 21, 2022 — The South Fork Wind energy project 35 miles east of Montauk, N.Y., won final approval Jan. 19 to begin construction, lining it up to be the second offshore wind turbine array in federal waters.

The federal Bureau of Offshore Energy Management signed off on the construction and operations plan for South Fork, setting out a 1-nautical mile spacing between a dozen 11-megawatt Siemens-Gamesa turbines and some areas set aside in the federal lease area to preserve bottom habitat for marine species.

Installing monopile foundations and turbines is scheduled for summer 2023. The 132 MW project by developers Ørsted and Eversource is seen as a keystone by New York State energy planners for bringing future power to Long Island – potentially for 70,000 homes by the end of 2023 – as they look to even bigger projects offshore to feed the New York City metro area.

“This milestone underscores the tremendous opportunity we have to create a new industry from the ground up to drive our green energy economy, deliver clean power to millions of homes and create good jobs across the state,” New York Gov. Kathy Hochul said in a statement after the BOEM approval. “As we tackle climate change head on and transition to a clean economy, these are the projects that will power our future.”

BOEM and wind developers continue to face fierce resistance from the Northeast commercial fishing industry. In December the Texas Public Policy Institute filed a lawsuit in federal court on behalf of fishermen in New York, Rhode Island and Massachusetts, charging that BOEM bypassed requirements for environmental review when it approved the construction and operations plan for Vineyard Wind, the first wind project in federal waters to be built east of the South Fork tract.

Read the full story at National Fisherman

EPA Approves Permit for Wind Farm Off Martha’s Vineyard

January 20, 2022 — The final air quality permit was approved for an offshore wind project by the U.S. Environmental Protection Agency yesterday, paving the way for full project approval that was granted this morning.

South Fork will be a 130-megawatt wind farm off the southwest coast of Martha’s Vineyard. The EPA permit restricts air pollution during the construction and operation of the wind farm.

Construction is set to kick off with cable being laid on the sea floor, the company stated last week.

Final approval for the project from the U.S. Department of the Interior’s Bureau of Ocean Energy Management was announced this morning.

Read the full story at WBSM

Construction to begin soon on new US offshore wind farm

January 20, 2022 — Construction will soon begin on the second commercial-scale, offshore wind energy project to gain approval in the United States, the developers said.

The U.S. Department of the Interior approved it in November, and the Bureau of Ocean Energy Management issued its approval letter for the constructions and operations plan Tuesday, a major step in the federal process before construction can start.

Orsted, a Danish energy company, is developing the South Fork Wind project with utility Eversource off the coasts of New York and Rhode Island. They now expect the work onshore to begin by early February and offshore next year for as many as 12 turbines.

President Joe Biden has set a goal to install 30 gigawatts of offshore wind power by 2030, generating enough electricity to power more than 10 million homes. In November, work began on the first commercial-scale offshore wind farm in the United States, the Vineyard Wind 1 project off the coast of Massachusetts.

Read the full story from the AP at ABC News

New Bedford says wind boundary changes just a start

January 18, 2022 — The Bureau of Ocean Energy Management made minor boundary adjustments in its New York Bight wind lease areas to reduce conflicts with the scallop fleet. That’s just a small start toward reducing the impact of wind development on the nation’s seafood industry, New Bedford port officials say.

The 480,000-acre wind lease offering – the first of the Biden administration and biggest to date – has brought on a wave of proposals, from both the fishing and wind power industries, for how they could co-exist.

Six lease areas outlined by BOEM in a final offering notice Jan. 12 include a westward shift of 2.5 miles to the Hudson South wind energy area, and a reduction of the so-called Central Bight area. The modest adjustment responds to requests last year from the scallop industry and the East Coast’s highest-earning fishing port – now also a base for offshore wind developers.

It could be a baby step toward better avoidance of conflicts between the Biden administration’s aggressive push to open more ocean spaces to wind energy development, and urgent warnings from the fishing industry and some ocean environmental advocates that regulators need to build more foresight and safeguards into the permitting process.

Those tweaks in the New York Bight auction plan came as a surprise, said New Bedford Mayor Jon Mitchell.

“We didn’t know that had happened until we actually dug into it,” said Mitchell, who wrote to BOEM during 2021 in support of the Fisheries Survival Fund recommendation to move the southwest boundary of Hudson South by five miles, aimed at giving a buffer zone between turbine arrays and scallop grounds.

The Fisheries Survival Fund and Responsible Offshore Development Alliance – both well-established coalitions of fishing interests – presented highly detailed recommendations to BOEM for dealing with those issues. The American Clean Power Association, an influential group in the renewable energy sector, likewise came out with its own proposals.

Read the full story at National Fisherman

Atlantic Sea Scallop Group Pushes BOEM to Create Plan for Fisheries and Wind to Prosper

January 14, 2022 — The Fisheries Survival Fund (FSF), a group that represents the majority of Atlantic sea scallop fishermen called on federal regulators to create an “adaptive and proactive mitigation plan” that will allow both fisheries and the offshore wind industry to thrive.

The FSF’s public comments follow the Bureau of Ocean Energy Management (BOEM)’s announcement that it will conduct a wind lease auction for 480,000 acres of ocean in the New York Bight area of the Atlantic.

“It is unquestionable that the proliferation of new turbine arrays will have detrimental impacts on the scallop fishery and other fisheries,” FSF wrote. “Windfarms will and demonstrably do change ocean ecosystems. The goal of mitigation should be to strike a balance that ensures mutual prosperity, not merely an uneasy, zero-sum co-existence.”

Read the full story at Seafood News

U.S. Seafood Organizations Recommend Steps to Reduce Impacts from Offshore Wind Energy

January 13, 2022 — The following was released by the Responsible Offshore Development Alliance: 

On Friday, January 7, 2022, Responsible Offshore Development Alliance (RODA), along with many other commercial fishing associations and businesses across the country issued recommendations to the Bureau of Ocean Energy Management (BOEM) for reducing impacts from offshore wind energy development to fishing, coastal communities, and sustainable domestic seafood production.

Guidelines alone cannot achieve strong oversight

Strong mitigation requirements must be standardized to protect marine resources and existing uses of the Outer Continental Shelf. The most important step for BOEM to take immediately is to implement effective processes to mitigate fisheries impacts during offshore wind planning and project design. These must be supported by regulations and strong federal oversight, rather than deferring to developers’ voluntary measures to accommodate fishing safety and resiliency.

Mitigation must follow a step-wise approach 

The “mitigation hierarchy” outlined by the National Environmental Policy Act requires an agency to evaluate whether a project has taken effective actions to, in sequential order, avoid, minimize, mitigate, and compensate for impacts. Fishing industry groups urged BOEM to prioritize immediate action on the first step, avoidance, including developing measurable criteria to site offshore wind infrastructure off of fishing grounds.

Read the full release here

Biden Clean Power Push Hits New York With Offshore Wind Sale

January 12, 2022 — The Biden administration is preparing to sell offshore wind rights near New Jersey and New York, a down-payment on its bid to decarbonize the U.S. power grid and generate renewable electricity from nearly all U.S. coasts.

Under the auction, which could be announced as soon as Wednesday, the U.S. government aims to sell leases to install wind turbines in shallow Atlantic waters between New Jersey and New York’s Long Island, with the potential to generate some 7 gigawatts of carbon-free electricity.

As a sign of the opposition, a conservation group on Monday sued the Interior Department’s Bureau of Ocean Energy Management, asking a federal court to reverse the agency’s March 2021 decision to recommend five areas for offshore wind projects in the New York Bight.

Save Long Beach Island told the U.S. District Court for the District of Columbia that the bureau failed to study the effects the projects would have on the environment. The group also faulted the agency for failing to consult with the National Marine Fisheries Service to determine if any wind project would affect North Atlantic right whales or other protected species.

Separately Tuesday, groups representing fishing interests, including the Responsible Offshore Development Association, urged the bureau to take more steps to limit the impacts of offshore wind development, including by developing formal benchmarks to assess projects.

Read the full story at Bloomberg

 

Interior Department Announces Historic Wind Energy Auction Offshore New York and New Jersey

January 12, 2022 — The following was released by the Department of the Interior:

Secretary of the Interior Deb Haaland announced today that the Bureau of Ocean Energy Management (BOEM) will hold a wind auction next month for more than 480,000 acres offshore New York and New Jersey, in the area known as the New York Bight. Secretary Haaland was joined by New Jersey Governor Phil Murphy, New York Governor Kathy Hochul, and Liz Shuler, President of the American Federation of Labor and Congress of Industrial Organizations, to highlight what will be the first offshore wind lease sale under the Biden-Harris administration.

The Feb. 23 auction will allow offshore wind developers to bid on six lease areas – the most areas ever offered in a single auction – as described in BOEM’s Final Sale Notice. Leases offered in this sale could result in 5.6 to 7 gigawatts of offshore wind energy, enough to power nearly 2 million homes. As offshore wind technology continues to advance, these areas may have the potential to produce even more clean energy.

“The Biden-Harris administration has made tackling the climate crisis a centerpiece of our agenda, and offshore wind opportunities like the New York Bight present a once-in-a-generation opportunity to fight climate change and create good-paying, union jobs in the United States,” said Secretary of the Interior Deb Haaland. “We are at an inflection point for domestic offshore wind energy development. We must seize this moment – and we must do it together.”

On today’s call, the leaders outlined a shared vision for developing a robust offshore wind domestic supply chain that will deliver benefits to residents of New York and New Jersey and the surrounding region, including underserved communities. This collaboration will serve as a model for future engagement and establish the U.S. as a major player in the global offshore wind market.

The Biden-Harris administration’s goal to install 30 GW of offshore wind by 2030 is complemented by state offshore wind policies and actions throughout the Northeast and Mid-Atlantic. Collectively, New York and New Jersey have set the nation’s largest regional offshore wind target of installing over 16 GW of offshore wind by 2035.

“Offshore wind holds the tremendous promise for our future in terms of climate change, economic growth, strengthening our work force, and job creation,” said Governor Murphy. “New Jersey is already committed to creating nearly one-quarter of the nation’s offshore wind-generation market and these transformative projects are proof that climate action can drive investments in infrastructure and manufacturing, while creating good-paying, union jobs. By acting on this this shared vision, we can promote our joint offshore wind goals, and deliver benefits to residents of both states, particularly those in overburdened communities. Together, with this critical cooperation with the Biden-Harris administration and our state partners, we will turn this vision of becoming a leader in the global offshore wind market into a reality.”

“Here in New York, we are already living with the effects of climate change through extreme weather that pose a direct threat to our way of life,” Governor Hochul said. “We must chart an ambitious path toward a cleaner energy economy now more than ever, and today’s milestone further highlights New York’s commitment to reaching it’s offshore wind goals. This effort will require collaboration at all levels, and I applaud the Biden Administration for their action and thank Secretary Haaland and BOEM, as well as New Jersey Governor Murphy, for their partnership as we build on New York’s offshore wind energy development.”

A recent report indicates that the United States’ growing offshore wind industry presents a $109 billion opportunity in revenue to businesses in the supply chain over the next decade.

The New York Bight offshore wind auction will include several innovative lease stipulations designed to promote the development of a robust domestic U.S. supply chain for offshore wind and enhance engagement with Tribes, the commercial fishing industry, other ocean users, and underserved communities. The stipulations will also advance flexibility in transmission planning and make use of project labor agreements throughout the construction of offshore wind projects. Stipulations include incentives to source major components domestically – such as blades, turbines, and foundations – and to enter into project labor agreements to ensure projects are union-built.

To advance the Department’s environmental justice and economic empowerment goals, the Sale Notice also requires lessees to identify Tribes, underserved communities and other ocean users who could be affected by offshore wind development. The Interior Department will hold companies accountable for improving their engagement, communication and transparency with these communities.

These additions are intended to promote offshore wind development in a way that coexists with other ocean uses and protects the ocean environment, while also facilitating our nation’s energy future for generations to come.

BOEM initially asked for information and nominations of commercial interest for 1,735,154 acres in the Bight. Based on the bureau’s review of scientific data, and extensive input from the commercial fishing industry, Tribes, partnering agencies, key stakeholders, and the public, BOEM reduced the acreage by 72% to avoid conflicts with ocean users and minimize environmental impacts. BOEM will continue to engage with stakeholders as the process unfolds.

More information about the auction, lease stipulations, list of qualified bidders for the auction and Interior’s collaboration with New York and New Jersey can be found on BOEM’s website.

Background

The Biden-Harris administration catalyzed the offshore wind industry by announcing the first-ever national offshore wind energy goal, creating a clear vision for the future of this innovative industry. This goal is reinforced by the Bipartisan Infrastructure Law, which will make robust investments in sustainable economies, clean energy, and climate resilience.

The Administration has already made significant progress toward creating a pipeline of projects. It has approved the nation’s first two commercial-scale offshore wind projects in federal waters: the 800-megawatt Vineyard Wind project (approved on May 11, 2021) and the 130-megawatt South Fork Wind project (approved on November 24, 2021). BOEM expects to review at least 16 plans to construct and operate commercial offshore wind energy facilities by 2025, which would represent more than 22 GW of clean energy for the nation.

In addition, this past fall Secretary Haaland announced a new leasing path forward, which identified up to seven potential lease sales by 2025, including the New York Bight and offshore the Carolinas and California later this year, to be followed by lease sales for the Central Atlantic, Gulf of Maine, the Gulf of Mexico, and offshore Oregon.

Read the release here

 

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