Saving Seafood

Letter shows BOEM was ready to move ahead on US wind farm without NMFS blessing

August 12, 2019 — The following is an excerpt from a story originally published by Undercurrent News:

Before the US president Donald Trump administration ordered a delay of the country’s first offshore wind farm late last week, it was the belief of at least some of its officials that making the changes requested by the National Marine Fisheries Service (NMFS) would be disastrous and NMFS approval was not needed to move ahead anyhow, Undercurrent News has learned.

Interior secretary David Bernhardt on Friday told Bloomberg that he has ordered an additional study by his department of the Vineyard Wind project, a plan to build more than 80 giant wind turbines on a 118-mile stretch of ocean some 15 miles from the coast of Martha’s Vineyard, Massachusetts, before going ahead with a final environmental impact statement (EIS).

The decision puts in jeopardy the $2.8 billion project, which had promised to supply a combined 800 megawatts of power to at least 400,000 New England homes and businesses but had worried the commercial fishing industry. It was scheduled to begin construction this year and be operational by early 2022.

Bernhardt reportedly told the news service that it’s important the impact of the project be thoroughly studied. “For offshore wind to thrive on the outer continental shelf, the federal government has to dot their I’s and cross their T’s,” he said.

A Vineyard Wind spokesman called the Interior Department’s decision “a surprise and disappointment” and said his company urged the federal government to “complete the review as quickly as possible”.

As reported last week by Undercurrent News, the US Department of the Interior’s Bureau of Ocean Energy Management (BOEM) has seemingly dragged its feet on Vineyard Wind’s final EIS since receiving at least two letters from Michael Pentony, the regional administrator for NMFS’ greater Atlantic office.

One 44-page letter, sent in March to James Bennett, head of BOEM’s Office of Renewable Programs, provided a detailed critique of a half dozen alternative approaches for the wind farm under consideration.  Another short three-page letter sent by Pentony on April 16, restated some of the same concerns, including NMFS’ request for more space between the turbines and an overall different directional orientation.

“We reviewed your preferred alternative and associated rationale provided in your letter dated April 3, 2019, and are writing to inform you that [NMFS] does not concur with your choice of a preferred alternative,” the second letter states.

Read the full story at Undercurrent News

The future of offshore wind may depend on Bernhardt

August 7, 2019 — Could anything make greens pine for the return of Ryan Zinke?

The former Interior secretary’s penchant for fossil fuels, along with a healthy string of scandals, made him an opponent of Democrats and environmentalists. But Zinke had one redeeming quality among those inclined toward cutting carbon: He loved offshore wind.

Now the success of the embryonic industry — and the state climate goals pinned to it — is being newly questioned under Zinke’s successor, Secretary David Bernhardt.

Zinke touted offshore wind at an industry conference and in newspaper op-eds. He wrote in The Boston Globe that offshore wind was part of the Trump administration’s strategy for “American energy dominance.” The collective sigh of relief in the Northeast, where a series of states have made offshore wind central to their climate plans, was nearly audible at the time.

Read the full story at E&E News

MASSACHUSETTS: Baker eyeing ‘cure plan’ for Vineyard Wind

July 30, 2019 — After a “really productive and substantive” meeting with new U.S. Interior Secretary David Bernhardt in Washington, D.C., on Monday, Gov. Charlie Baker said his administration will be working with Vineyard Wind to address the federal government’s concerns with the project in line to be the nation’s first commercial-scale offshore wind development.

The federal government injected a level of uncertainty into Vineyard Wind, a $2.8 billion, 800-megawatt offshore wind project planned for the waters off Martha’s Vineyard, earlier this month when the Department of the Interior and the Bureau of Ocean Energy Management notified project officials that the government was “not yet prepared” to issue a final environmental impact statement, which had been expected this month.

“What I was really seeking was some clarity so that we can work with Vineyard Wind and with our colleagues in the Congressional delegation and others to cure whatever the concerns are,” Baker said Monday afternoon after his meeting with Bernhardt and before returning to D.C. for more meetings. He added, “Our goal is going to be to get as much clarity as we can over the next several days and then work with Vineyard Wind to put together a cure plan, because we really want this project to happen.”

Read the full story at the New Bedford Standard-Times

Vineyard Wind wants federal review within 6 weeks

July 19, 2019 — Vineyard Wind has given the federal agency in charge of permits for its offshore wind farm up to six weeks to issue a key environmental review document, after the agency announced last week it would not meet a summer deadline.

“Through all of our communications with government officials, it has been made clear to us that there was no intention to prevent the Vineyard Wind 1 project from moving forward,” the New Bedford-based company said in a statement Thursday.

The company has told the federal Bureau of Ocean Energy Management, though, that for a variety of reasons “it would be very challenging” to move ahead with the 84-turbine project south of the Islands in its current configuration if the final environmental impact statement is not issued within approximately four to six weeks.

The final impact statement is a review of the $2 billion construction of the offshore wind farm and its operation. The statement is a key document but one of a half-dozen federal reviews underway for the project.

In its statement, Vineyard Wind said the federal agency indicated that it understood the reasons for the company’s constraints and that it intended to communicate that to Interior Secretary David Bernhardt. Vineyard Wind said it has communicated directly with Bernhardt as well about its concerns regarding the delay.

“Vineyard Wind notes that it is not unusual for there to be ongoing review of an environmental impact statement as it makes its way through the internal approval process, especially for a project of this significance,” the company said in the statement. “The National Environmental Policy Act requires an environmental impact statement to consider all best available information, which we believe BOEM has done. We are therefore confident that any remaining reviews can be concluded and an FEIS released soon after.”

Read the full story at the Cape Cod Times

Interior boss: No monument changes planned, but up to Trump

May 23, 2019 — U.S. Interior Secretary David Bernhardt said Wednesday he has no plans for additional changes to national monuments that were recommended by his predecessor, but that it’s ultimately up to President Donald Trump.

The comments at a Senate Appropriations subcommittee meeting are the latest indication that recommendations to shrink two monuments in Oregon and Nevada and change rules at six others remain relegated to backburner status as the White House deals with other issues.

Trump acted in December 2017 to shrink two sprawling Utah monuments on the recommendations of then-Interior Secretary Ryan Zinke, who was tasked with reviewing 27 national monuments around the country. Since then, he has done nothing else with Zinke’s recommendations.

The monument review was based on arguments from Trump and others that a law signed by President Theodore Roosevelt allowing presidents to declare monuments had been improperly used to protect wide expanses of lands instead of places with particular historical or archaeological value.

New Mexico Sen. Tom Udall, a Democrat, asked at Wednesday’s hearing if there were plans to move forward on the other eight monuments.

“I think the answer is no,” Bernhardt said.

He said he has not received any further instruction on Zinke’s report from Trump. “The president is ultimately the holder of the pen,” said Bernhardt, who was confirmed as Interior Secretary last month.

Bernhardt is a former lobbyist for the oil and gas industry and other corporate interests who became the acting secretary after Zinke resigned in December amid multiple ethics investigations.

Read the full story at Boston.com

Rep. Amata highlights American Samoa’s fishing needs with Sec. Bernhardt

May 22, 2019 — The following was released by The Office of Congresswomen Aumua Amata (R-American Samoa):

Last week, Congresswoman Aumua Amata and the Natural Resources Committee conducted a budget and policy hearing with Secretary of the Interior David Bernhardt, and she placed a focus on American Samoa’s fishing needs.

In her questioning of the Secretary of the Interior, Congresswoman Amata asked if there would be any changes to the recommendation by his predecessor, former Secretary Ryan Zinke, regarding reopening portions of the marine monuments to American Samoa’s fishing.

In his response, Secretary Bernhardt said the Department’s prior recommendation stands. That response is good news for this policy pursuit for American Samoa, as it means the recommendation to allow much-needed restoration of American Samoa’s fishing waters is not being withdrawn or changed under a new Secretary.

“It’s important to know that the Department of Interior has no plans to pull back the prior recommendation which would allow for restoration of American Samoa’s fishing waters,” said Aumua Amata. “During Secretary Bernhardt’s confirmation process, I repeatedly stressed that American Samoa benefits from a consistent vision in the leadership of the Department of Interior, and I’m pleased that the transition will not interrupt or reduce this policy priority. As it stands, there is a clear recommendation on the books that would allow for restoration of some of American Samoa’s waters.”

Read the full release at Samoa News

Interior: Nine seismic testing permits in process

May 16, 2019 — Interior Secretary David Bernhardt told the U.S. House Natural Resources Committee that the federal Bureau of Ocean Energy Management remains working on seismic airgun testing permits — a key prerequisite to offshore oil and gas drilling — while issues regarding the legality of the Trump administration’s offshore leasing plan work their way through the federal court system.

In late March, a federal district judge in Alaska ruled Executive Order 13795, and subsequent efforts by the Trump administration to open up offshore drilling access in waters off Alaska and the Atlantic Coast, were illegal in attempting to repeal former President Barack Obama’s withdrawal of unleased lands in those areas under Section 12(a) of the Outer Continental Shelf Lands Act.

Since that point, there’s been some confusion about what the Interior Department will and won’t do. Attorneys for the federal government stated in a May 9 status report — in the seismic testing lawsuit in federal court in Charleston, S.C. — that neither the department nor Bernhardt made any announcement that Interior “may wait until the resolution of any potential appeal” of that ruling before making decisions on authorizing offshore activities.

Read the full story at The Brunswick News

Sound and fury: Trump administration pushes forward on seismic mapping in Atlantic

May 2, 2019 — The Trump administration is pressing ahead with processing permits that would allow companies to search for oil and gas deposits using potentially harmful seismic blasts in the Atlantic Ocean, despite its decision to delay an unprecedented plan to sell federal leases on nearly the entire U.S. outer continental shelf.

Seven geology companies are vying for permits at the Bureau of Ocean Energy Management, a division of the Interior Department, to map the ocean floor from New Jersey to Florida using seismic sound waves that, according to some scientists, harm fish and marine mammals, including the endangered North Atlantic right whale that relies on echo location to find food and mates and to keep in touch with its rare offspring.

Bureau officials confirmed this week that permits are being considered regardless of Interior Secretary David Bernhardt’s decision to shelve its five-year leasing plan in federal waters on the outer continental shelf. The decision followed a ruling in March by U.S. District Judge Sharon Gleason that President Trump’s revocation of an Obama administration ban on oil and gas industry drilling in the Arctic and Atlantic oceans is illegal. Only Congress can undo the ban, the judge said.

Seismic mapping is also being challenged in court by conservation groups and state attorneys general along the Eastern Seaboard. A federal judge in South Carolina is considering an injunction request against any work moving forward until the case is decided. Oil and gas leases and seismic mapping are also opposed by Democratic and Republican governors along the coast, along with congressional and state lawmakers.

Read the full story at The Washington Post

Offshore drilling plans postponed, including off Georgia coast

April 26, 2019 — The Trump administration is suspending plans to expand offshore drilling, including plans to drill off Georgia after a recent court ruling blocked drilling in the Arctic and Atlantic, Interior Secretary David Bernhardt told the Wall Street Journal.

Bernhardt said the agency would delay indefinitely its five-year plan for oil and gas drilling on the Outer Continental Shelf as the case goes through the appeals process.

“By the time the court rules, that may be discombobulating to our plan,” Bernhardt told the Wall Street Journal in a report published Thursday. The plans had been expected to be released in the near future.

Read the full story at Savannah Morning News

David Bernhardt confirmed as new Interior chief

April 12, 2019 — Congress confirmed David Bernhardt as Interior secretary on Thursday, adding his name to a list of Trump Cabinet officials with lobbying ties.

Bernhardt was confirmed Thursday afternoon in a 56-41 vote with three Democrats and one Independent breaking ranks to vote for him. Sens. Joe Manchin (D-W.Va.), Martin Heinrich (D-N.M.), Kyrsten Sinema (D-Ariz.) and Angus King (I-Maine) voted in favor of his confirmation.

Manchin, the top Democrat of the Senate committee that oversees Interior, welcomed Bernhardt’s confirmation Thursday, saying he was more than qualified for the job

“I believe Mr. Bernhardt is clearly qualified to serve as secretary,” Manchin said during a floor speech. “He knows the Interior Department inside and out and he is well versed on all the issues that come before it. He clearly has the knowledge and experiences to serve as secretary.”

Republicans also cheered the confirmation, adding that Bernhardt’s policy chops would be very useful at the Interior Department.

“I think he’s got more experience than just about anybody who has been named to this position and he’s ready to go,” Sen. Lisa Murkowski (R-Alaska) told reporters, brushing off concerns that Bernhardt’s past lobbying would influence his future work. “There’s nothing new that is out there, there are new stories on old facts. We’ve heard the same comments from the same critics.”

Read the full story at The Hill