NEPA Archives - Saving Seafood

The Permitting Bill Fishermen Can’t Afford to Ignore

October 29, 2026 — On November 9, the Senate is scheduled to take up the Bipartisan American Affordability and Jobs Act of 2026, known as BAAJA (S. 5653). This legislation is not about Mexican sheep; instead, the dense 400-page bill rewrites how the federal government approves energy, mining, and infrastructure projects. Its sponsors, Senators Shelley Moore Capito (R-WV), Mike Lee (R-UT), Sheldon Whitehouse (D-RI), and Martin Heinrich (D-NM), call it a historic compromise. I call it a historic risk for fishing communities.

The coalition behind BAAJA is unusual. The American Petroleum Institute (oil and gas), the American Clean Power Association (wind and other renewables), and major organized labor groups support it. Tribal nations, historic preservation groups, and ocean conservation organizations oppose it.

Commercial fishermen have been mostly absent from this fight, and that needs to change. BAAJA rewrites the rules for offshore wind farms, export cables, offshore oil and gas, and seabed mining. It changes how those projects are approved, how long the approvals last, and how hard they are to challenge. Nearly every change reduces the leverage fishermen have used to protect fishing grounds historically, and that’s not a coincidence.

The Senate outcome is close to being settled. The House is a different story, and that is where fishermen still have a real opening. But we must make our voices heard, and soon.

What this issue is about

Fishermen have spent more than a decade fighting for a real voice in offshore wind decisions. Lease areas have been granted on productive fishing grounds over industry objections, and project layouts have been set with little regard for how fleets actually fish or what they need for safe transit. Too often, fishermen’s concerns have been treated as a box to check rather than a reason to change course.

BAAJA would shrink what voice fishermen have left in the regulatory process for energy permitting. Its supporters pitch it as protection for clean energy, pointing to the 2025 federal stop-work orders that halted offshore wind projects already holding permits. The bill delivers that protection by making permits nearly impossible to revisit once they are issued, and much harder to challenge before then during the planning process.

The bill doesn’t stop at wind. Its “protections” for energy projects from public scrutiny and challenge cover any federally permitted project with a private sector sponsor, including offshore oil and gas wells and mines. The same rules that would wall off a wind farm from fishermen’s objections would wall off an offshore drilling lease or a seabed mining permit.

Oceana loses court appeal challenging Alaska trawling

August 31, 2026 — Environmental NGO Oceana has lost an appeal of its lawsuit against the National Marine Fisheries Service (NMFS) after the U.S. Court of Appeals for the Ninth Circuit vacated and remanded an earlier decision, instructing the court to dismiss for lack of jurisdiction.

Oceana first sued NMFS in Alaska District Court in 2024, alleging the agency failed to adequately protect the North Pacific seabed from trawl fishing. The lawsuit claimed NMFS wasn’t fulfilling its obligations under the Magnuson-Stevens Act (MSA) and the National Environmental Policy Act (NEPA).

Read the full article at SeafoodSource

DC Circuit upholds FERC approval of Louisiana LNG terminal

August 26, 2026 — A federal appeals court has roundly rejected environmental groups’ challenge to the federal government’s approval of a massive liquefied natural gas export terminal and pipeline in Louisiana.

On Tuesday, the D.C. Circuit Court of Appeals found that the Federal Energy Regulatory Commission complied with federal law when it authorized construction of Venture Global’s CP2 LNG terminal and its associated 91-mile CP Express pipeline in 2025.

“Leaving no stone unturned, [the challengers] improbably allege the Commission committed no fewer than eleven errors under the Natural Gas Act (NGA) and the National Environmental Policy Act (NEPA),” wrote Senior Judge Douglas Ginsburg, a Reagan appointee, in the opinion for the court.

Read the full article at E&E News

Court order could threaten permits for surviving US wind projects

August 19, 2026 — A court decision remanding prior approvals for a wind energy project off New Jersey could pose a new threat to offshore turbine arrays under construction, as the Trump administration presses its relentless campaign against them.

The Aug. 10 decision by U.S. District Court Judge Jia Cobb in the District of Columbia granted a request by the federal Bureau of Ocean Energy Management to reconsider its permitting for Atlantic Shores, planned as a 2.8 gigawatt project near Long Beach Island, N.J.

Local activist group Save Long Beach Island had sought a remand and reconsideration of the project’s construction and operations plan, approved in October 2024 in the waning days of the Biden administration.

Save LBI contended that BOEM failed to adequately consider the project’s likely effects under the Marine Mammal Protection Act, Endangered Species Act and National Environmental Policy Act, among other federal laws.

Read the full article at WorkBoat

Federal lawsuit targets Louisiana coastal restoration project

January 13, 2024 — A pair of Louisiana seafood processors joined conservationists and a local resident Thursday to file a federal complaint against the ambitious Mid-Barataria Sediment Diversion Project, a $2.9 billion effort to combat the state’s trend of coastal land loss.

In the complaint, the plaintiffs claim the project “will have serious, permanent, adverse impacts on [the basin’s] resources,” including its species diversity, its economy and human health.

They say that in authorizing the project, the U.S. Army Corps of Engineers violated administrative procedures and the National Environmental Policy Review Act (NEPA), while federal agencies conducting environmental reviews violated the Endangered Species Act.

The project, which is primarily funded with $2.26 billion from Natural Resource Damage Assessment funds from the Deepwater Horizon oil spill settlement, broke ground in August 2023. A joint effort of the U.S. Army Corps of Engineers and Louisiana’s Coastal Protection and Restoration Authority, it will feature a controlled gate structure through the river’s existing levee connected to a new, approximately 2-mile manmade channel with an outfall structure in the basin.

Read the full article at the Courthouse News Service

NMFS announces draft EIS available for deep-set buoy gear authorization, Amendment 6 to the HMS FMP

August 23, 2021 — The following was released by the Pacific Fishery Management Council:

NOAA Fisheries announces the release of a draft environmental impact statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 1969, which includes an analysis of the potential short- and long-term impacts of the proposed action to authorize fishing with deep-set buoy gear (DSBG) in federal waters off the U.S. West Coast, on the human (biological, physical, social, and economic) environment.

Please see the public notice on the Council’s website for a link to the Draft EIS and additional details.

For further information, please contact:

NOAA Fisheries: Amber Rhodes at (562) 477-8342, Amber.Rhodes@noaa.gov
Pacific Council staff officer Dr. Kit Dahl at 503-820-2422; toll-free 1-866-806-7204.

D.C. Circuit Affirms that Offshore Wind Lease Does Not Trigger NEPA Review

June 4, 2021 — The Bureau of Ocean Energy Management (BOEM) does not need to conduct full environmental reviews under the National Environmental Policy Act (NEPA) when granting an offshore wind farm lease, the D.C. Circuit Court of Appeals has affirmed. The decision followed a lawsuit by commercial fishing organizations and seaside municipalities who claimed that BOEM violated NEPA and the Outer Continental Shelf Lands Act (OCSLA) when it auctioned an offshore lease to Equinor (formerly Statoil) without performing an environmental review of the anticipated windfarm project. The decision puts to rest the question of whether a mere lease sale may trigger extensive environmental review under NEPA, potentially streamlining the initial lease acquisition process, but also requiring the investment of significant funds before developers have cleared environmental review.

In Fisheries Survival Fund, et al. v. Sally Jewell, et al.,¹ plaintiffs challenged BOEM’s issuance of the lease, arguing that it violated NEPA because it failed to analyze the environmental impacts of constructing and operating a wind energy facility. Leases for offshore energy projects proceed under different processes depending on whether BOEM or the developer proposes an area for lease. Either way, BOEM must consult with state task forces, other state and local representatives, and with representatives of Indian Tribes whose interests may be affected. Before issuing a lease, BOEM follows a four-step process, issuing a Call for Information and Nominations, completing the Area Identification process, publishing a Proposed Sale Notice, and publishing a Final Sale Notice.

Here, BOEM published an environmental assessment at the same time it published the Proposed Sale Notice for the wind energy lease at issue. The environmental assessment found that the reasonably foreseeable impacts of the lease sale would not significantly impact the environment. Plaintiffs argued that that more extensive environmental review was required, not just of the lease itself but of the full impacts of the anticipated wind farm, alleging that BOEM violated NEPA by failing to perform this more extensive review. BOEM maintained throughout the litigation that additional analysis and environmental review under NEPA was not required until Equinor conducted a site assessment and proposed a construction and operations plan for the wind energy facility.

Read the full story at The National Law Review

Nation’s Fishery Councils Recommend Ways to Support American Seafood, Improve Coordination with NMFS

September 30, 2020 — An executive order, changes to National Environmental Policy Act measures, guidance related to overfishing and a National Seafood Council were among several issues fishery leaders from around the country discussed last week. The biannual meeting of the Council Coordination Committee was held virtually, but hosted by Western Pacific Regional Fishery Management Council.

Leaders from all eight regional councils had the opportunity to talk with National Marine Fisheries Service managers during the open public meeting.

Read the full story at Seafood News

ANDY SABIN: The conservative case against developing Alaska’s Pebble Mine

August 28, 2020 — The U.S. Army Corps of Engineers this week warned that the proposed Pebble project — a vast gold and copper mine near the headwaters of Alaska’s Bristol Bay — was impossible to build without causing significant damage to the region’s pristine waters and salmon fishery.

The Corps stopped short of halting the mine but found the developer, the Pebble Limited Partnership, was unlikely to meet the level of mitigation that would be required under the Clean Water Act to offset the impact on wetlands.

The Trump administration has now done what the previous administration would not — it gave the proposed Pebble project full consideration under the National Environmental Policy Act (NEPA). While the previous administration pre-judged the project with an unprecedented preemptive veto, the Trump U.S. Army Corps of Engineers and all cooperating agencies have given it a full review.

It is time for President Donald Trump to be the decider. Given an already strong conservation record, President Trump should instruct his agencies to declare the Pebble project unworkable.

I am a miner and a fisherman. I am also a dedicated conservationist who believes that we have a duty as conservatives to leave this great land better than we found it. I am also a staunch supporter of the president and his policies.

Read the full story at The Hill

Cape May Fishermen, Processor Sues NOAA’s At-Sea Monitoring Rule

February 21, 2020 — Cause of Action Institute, on behalf of six trawlers and a processor based in Cape May, NJ, filed a lawsuit yesterday against Secretary of Commerce Wilbur Ross and NOAA Fisheries to block a new rule forcing them to pay for third-party “at-sea monitors.”

The plaintiffs claim that NOAA Fisheries and the Department of Commerce violated the National Environmental Policy Act (NEPA) and the Regulatory Flexibility Act (RFA) when designing and implementing the final rule.

Read the full story at Seafood News