Saving Seafood

Trump administration moves to revoke key permit from another offshore wind project proposed near Mass.

December 4, 2025 — More than a year after the Biden administration issued the final permit for a pair of proposed offshore wind projects near Massachusetts, the Trump administration is trying to take it back.

On Tuesday, the Bureau of Ocean Energy Management filed a motion in U.S. District Court in Washington D.C. to “remand,” or reconsider, its approval of the construction and operations plan for the projects, New England Wind 1 and 2. The plan is the last major permit an offshore wind project needs to begin construction.

The motion is the latest move by the Trump administration to target the offshore wind industry in the U.S., and it comes just a few weeks after a federal judge in a different, but similar, case ruled that the government could take a second look at the construction and operations plan it approved for SouthCoast Wind, a proposed wind project also near Massachusetts.

The federal government’s motion to reconsider New England Wind’s permit says its prior approval “may have” failed to account for all of the project’s impacts. The filing cited a relatively new interpretation of the federal law known as the Outer Continental Shelf Lands Act that changes the criteria to evaluate offshore wind projects.

“Agencies have inherent authority to reconsider past decisions and to revise or replace them,” the government’s lawyers wrote.

But Kate Sinding Daly, senior vice president for law and policy at the Conservation Law Foundation, said this is not how the permitting process is supposed to work.

Read the full article at wbur

President Trump Orders Temporary Withdrawal of Offshore Areas from Wind Leasing

January 20, 2025 (Saving Seafood) — WASHINGTON — In an order signed in the Oval Office this evening, President Donald J. Trump issued a memorandum to the Secretary of the Treasury, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Energy, and the Administrator of the Environmental Protection Agency directing the temporary withdrawal of all areas on the Outer Continental Shelf (OCS) from wind energy leasing and calling for a comprehensive review of federal wind leasing and permitting practices.

The memorandum, “Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects”, is effective tomorrow, January 21, 2025, and includes the following directives:

  1. Temporary Withdrawal of Areas
    All areas of the OCS are withdrawn from wind energy leasing under the authority of Section 12(a) of the Outer Continental Shelf Lands Act. This withdrawal applies to new or renewed wind energy leases and remains in effect until the memorandum is revoked. Existing leases are not immediately affected but will be reviewed for potential amendment or termination.
  2. Review of Federal Leasing and Permitting Practices
    Federal agencies are directed to halt the issuance of new or renewed approvals, permits, leases, loans, or rights-of-way for wind projects. A comprehensive review will be conducted to assess the environmental, economic, and legal impacts of wind energy projects, including effects on wildlife, electricity generation costs, and subsidies.
  3. Moratorium on Lava Ridge Wind Project Activities
    The Secretary of the Interior is instructed to impose a temporary moratorium on all activities related to the Lava Ridge Wind Project. The memorandum highlights alleged legal deficiencies in the Record of Decision issued by the Bureau of Land Management in December 2024 and calls for a new analysis of the project’s impacts.
  4. Assessment of Defunct Windmills
    Agencies are tasked with evaluating the environmental and economic effects of defunct or idle windmills and recommending measures for their removal.
  5. Litigation Considerations
    The Attorney General is authorized to notify courts of the memorandum and request stays or delays in litigation related to federal wind leasing and permitting, as necessary.

The memorandum will be published in the Federal Register.

Biden issues ban on offshore oil and gas drilling in most federal waters. Trump vows to undo it

January 6, 2025 — President Joe Biden is moving to ban new offshore oil and gas drilling in most U.S. coastal waters, a last-minute effort to block possible action by the incoming Trump administration to expand offshore drilling.

Biden, whose term expires in two weeks, said he is using authority under the federal Outer Continental Shelf Lands Act to protect offshore areas along the East and West coasts, the eastern Gulf of Mexico and portions of Alaska’s Northern Bering Sea from future oil and natural gas leasing.

“My decision reflects what coastal communities, businesses and beachgoers have known for a long time: that drilling off these coasts could cause irreversible damage to places we hold dear and is unnecessary to meet our nation’s energy needs,” Biden said in a statement Monday.

“As the climate crisis continues to threaten communities across the country and we are transitioning to a clean energy economy, now is the time to protect these coasts for our children and grandchildren,” he said.

Biden’s orders would not affect large swaths of the Gulf of Mexico, where most U.S. offshore drilling occurs, but it would protect coastlines along California, Florida and other states from future drilling.

Read the full story from the AP

BOEM Seeks Input on Future Offshore Renewable Energy Leasing

April 5, 2018 — In support of the Administration’s all-of-the-above energy policy and using every tool available to achieve energy dominance, the Bureau of Ocean Energy Management (BOEM) is conducting a high-level assessment of all waters offshore the United States Atlantic Coast for potential future offshore wind lease locations.

BOEM is seeking your input on the Proposed Path Forward for Future Offshore Renewable Energy Leasing on the Atlantic Outer Continental Shelf through a Request for Feedback (RFF) that will publish in the Federal Register on April 6, 2018.

“The Administration continues to make great progress toward securing America’s energy future,” said Counselor for Energy Policy, Vincent DeVito. “The outlook for offshore wind is bright and today, we are taking the next step to ensure a domestic offshore wind industry.”

To help assess which geographic areas along the Atlantic are the most likely to have highest potential for successful offshore wind development, BOEM is considering multiple factors, highlighted below.

Factors that make an area more likely to be excluded:

1. Areas prohibited by the Outer Continental Shelf Lands Act for leasing.
2. Department of Defense conflict areas.
3. Charted marine vessel traffic routes.

Read the full story at Ocean News & Technology

 

Florida Is Exempted From Coastal Drilling. Other States Ask, ‘Why Not Us?’

January 11, 2018 — WASHINGTON — At 5:20 on Tuesday evening, Interior Secretary Ryan Zinke tweeted a photo of himself at the Tallahassee airport with Gov. Rick Scott of Florida, announcing that he had decided, after meeting with Governor Scott, to exempt the state from a new Trump administration plan to open up most of the nation’s coastline to offshore oil drilling.

It was a sudden and unexpected change to a plan that President Trump had celebrated just five days before, and it took lawmakers and governors from both parties by surprise. It also gave Governor Scott, a Republican who is widely expected to run for the Senate this year, a clear political boost in that race. Florida lawmakers of both parties have long opposed offshore drilling, especially after the 2010 Gulf of Mexico oil spill sent tarballs to the shores of a state where the economy relies heavily on tourism. Mr. Zinke’s sudden flip-flop on Florida drilling allows Governor Scott to tout the decision as evidence of his influence with the White House.

Mr. Trump’s critics say the move highlights the president’s willingness to blatantly use the nation’s public lands and waters as political bargaining chips.

It also appears to illustrate the clumsiness with which the Trump administration drafts federal policies. By publicly putting forth the comprehensive new coastal drilling plan and then abruptly announcing a major change to it less than a week later, with little evident public or scientific review, the Interior Department appears to have opened itself to a wave of legal challenges.

Within hours of Mr. Zinke’s tweet, governors in other coastal states began demanding their own drilling exemptions.

Read the full story at the New York Times

Bill could make drilling off N.C. coast more likely

December 5, 2017 — WASHINGTON — Congress is considering a bill that would expedite seismic testing and create a revenue sharing system for offshore drilling off the coasts of several states, including North Carolina.

The plan, H.R. 4239, dubbed the “SECURE American Energy Act,” has been met with criticism by environmental groups, but is in line with the Trump administration’s stated goals of expediting offshore energy exploration. It has been passed by the House Committee on Natural Resources, but has yet to receive a vote by the full chamber.

Congress would, according to the bill, have the sole power to establish moratoriums on offshore drilling and create National Marine Monuments. In markup documents, the bill is described as helping offshore operators who need significant advance warning help plan their future projects, allowing for more production.

Oceana, which has been involved in anti-drilling and seismic campaigns in Southeastern North Carolina, has criticized the package. The organization has expressed specific concerns about the parts of the bill looking at the Marine Mammal Protection Act.

Read the full story at the Wilmington Star

 

Presidential Executive Order Implementing an America-First Offshore Energy Strategy

May 1, 2017 — The following was released by the White House:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and in order to maintain global leadership in energy innovation, exploration, and production, it is hereby ordered as follows:

Section 1.  Findings.  America must put the energy needs of American families and businesses first and continue implementing a plan that ensures energy security and economic vitality for decades to come.  The energy and minerals produced from lands and waters under Federal management are important to a vibrant economy and to our national security.  Increased domestic energy production on Federal lands and waters strengthens the Nation’s security and reduces reliance on imported energy.  Moreover, low energy prices, driven by an increased American energy supply, will benefit American families and help reinvigorate American manufacturing and job growth.  Finally, because the Department of Defense is one of the largest consumers of energy in the United States, domestic energy production also improves our Nation’s military readiness.

Sec. 2.  Policy.  It shall be the policy of the United States to encourage energy exploration and production, including on the Outer Continental Shelf, in order to maintain the Nation’s position as a global energy leader and foster energy security and resilience for the benefit of the American people, while ensuring that any such activity is safe and environmentally responsible.

Sec. 3.  Implementing an America-First Offshore Energy Strategy.  To carry out the policy set forth in section 2 of this order, the Secretary of the Interior shall:

(a)  as appropriate and consistent with applicable law, including the procedures set forth in section 1344 of title 43, United States Code, in consultation with the Secretary of Defense, give full consideration to revising the schedule of proposed oil and gas lease sales, as described in that section, so that it includes, but is not limited to, annual lease sales, to the maximum extent permitted by law, in each of the following Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management (BOEM) (Planning Areas):  Western Gulf of Mexico, Central Gulf of Mexico, Chukchi Sea, Beaufort Sea, Cook Inlet, Mid-Atlantic, and South Atlantic;

(b)  ensure that any revisions made pursuant to subsection (a) of this section do not hinder or affect ongoing lease sales currently scheduled as part of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program, as published on November 18, 2016; and

(c)  develop and implement, in coordination with the Secretary of Commerce and to the maximum extent permitted by law, a streamlined permitting approach for privately funded seismic data research and collection aimed at expeditiously determining the offshore energy resource potential of the United States within the Planning Areas.

Sec. 4.  Responsible Planning for Future Offshore Energy Potential.  (a)  The Secretary of Commerce shall, unless expressly required otherwise, refrain from designating or expanding any National Marine Sanctuary under the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., unless the sanctuary designation or expansion proposal includes a timely, full accounting from the Department of the Interior of any energy or mineral resource potential within the designated area    including offshore energy from wind, oil, natural gas, methane hydrates, and any other sources that the Secretary of Commerce deems appropriate    and the potential impact the proposed designation or expansion will have on the development of those resources.  The Secretary of the Interior shall provide any such accounting within 60 days of receiving a notification of intent to propose any such National Marine Sanctuary designation or expansion from the Secretary of Commerce.

(b)  The Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of the Interior, and the Secretary of Homeland Security, shall conduct a review of all designations and expansions of National Marine Sanctuaries, and of all designations and expansions of Marine National Monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code, designated or expanded within the 10-year period prior to the date of this order.

(i)   The review under this subsection shall
include:

(A)  an analysis of the acreage affected and an analysis of the budgetary impacts of the costs of managing each National Marine Sanctuary or Marine National Monument designation or expansion;

(B)  an analysis of the adequacy of any required Federal, State, and tribal consultations conducted before the designations or expansions; and

(C)  the opportunity costs associated with potential energy and mineral exploration and production from the Outer Continental Shelf, in addition to any impacts on production in the adjacent region.

(ii)  Within 180 days of the date of this order, the Secretary of Commerce, in consultation with the Secretary of Defense and the Secretary of the Interior, shall report the results of the review under this subsection to the Director of the Office of Management and Budget, the Chairman of the Council on Environmental Quality, and the Assistant to the President for Economic Policy.

(c)  To further streamline existing regulatory authorities, Executive Order 13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), is hereby revoked.

Sec. 5.  Modification of the Withdrawal of Areas of the Outer Continental Shelf from Leasing Disposition.  The body text in each of the memoranda of withdrawal from disposition by leasing of the United States Outer Continental Shelf issued on December 20, 2016, January 27, 2015, and July 14, 2008, is modified to read, in its entirety, as follows:

“Under the authority vested in me as President of the United States, including section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby withdraw from disposition by leasing, for a time period without specific expiration, those areas of the Outer Continental Shelf designated as of July 14, 2008, as Marine Sanctuaries under the Marine Protection, Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431-1434, 33 U.S.C. 1401 et seq.”

Nothing in the withdrawal under this section affects any rights under existing leases in the affected areas.

Sec. 6.  Reconsideration of Notice to Lessees and Financial Assurance Regulatory Review.  The Secretary of the Interior shall direct the Director of BOEM to take all necessary steps consistent with law to review BOEM’s Notice to Lessees No. 2016 N01 of September 12, 2016 (Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf), and determine whether modifications are necessary, and if so, to what extent, to ensure operator compliance with lease terms while minimizing unnecessary regulatory burdens.  The Secretary of the Interior shall also review BOEM’s financial assurance regulatory policy to determine the extent to which additional regulation is necessary.

Sec. 7.  Reconsideration of Well Control Rule.  The Secretary of the Interior shall review the Final Rule of the Bureau of Safety and Environmental Enforcement (BSEE) entitled “Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Blowout Preventer Systems and Well Control,” 81 Fed. Reg. 25888 (April 29, 2016), for consistency with the policy set forth in section 2 of this order, and shall publish for notice and comment a proposed rule revising that rule, if appropriate and as consistent with law.  The Secretary of the Interior shall also take all appropriate action to lawfully revise any related rules and guidance for consistency with the policy set forth in section 2 of this order.  Additionally, the Secretary of the Interior shall review BSEE’s regulatory regime for offshore operators to determine the extent to which additional regulation is necessary.

Sec. 8.  Reconsideration of Proposed Offshore Air Rule.  The Secretary of the Interior shall take all steps necessary to review BOEM’s Proposed Rule entitled “Air Quality Control, Reporting, and Compliance,” 81 Fed. Reg. 19718 (April 5, 2016), along with any related rules and guidance, and, if appropriate, shall, as soon as practicable and consistent with law, consider whether the proposed rule, and any related rules and guidance, should be revised or withdrawn.

Sec. 9.  Expedited Consideration of Incidental Harassment Authorizations, Incidental-Take, and Seismic Survey Permits.  The Secretary of the Interior and the Secretary of Commerce shall, to the maximum extent permitted by law, expedite all stages of consideration of Incidental Take Authorization requests, including Incidental Harassment Authorizations and Letters of Authorization, and Seismic Survey permit applications under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and the Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.

Sec. 10.  Review of National Oceanic and Atmospheric Administration (NOAA) Technical Memorandum NMFS-OPR-55.  The Secretary of Commerce shall review NOAA’s Technical Memorandum NMFS-OPR-55 of July 2016 (Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing) for consistency with the policy set forth in section 2 of this order and, after consultation with the appropriate Federal agencies, take all steps permitted by law to rescind or revise that guidance, if appropriate.

Sec. 11.  Review of Offshore Arctic Drilling Rule.  The Secretary of the Interior shall immediately take all steps necessary to review the Final Rule entitled “Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf,” 81 Fed. Reg. 46478 (July 15, 2016), and, if appropriate, shall, as soon as practicable and consistent with law, publish for notice and comment a proposed rule suspending, revising, or rescinding this rule.

Sec. 12.  Definition.  As used in this order, “Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management” means those areas delineated in the diagrams on pages S-5 and S-8 of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, as published by the BOEM in January 2015, with the exception of any buffer zones included in such planning documents.

Sec. 13.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

President Obama bans oil drilling in large areas of Atlantic and Arctic oceans

December 21st, 2016 — President Obama moved to solidify his environmental legacy Tuesday by withdrawing hundreds of millions of acres of federally owned land in the Arctic and Atlantic Ocean from new offshore oil and gas drilling.

Obama used a little-known law called the Outer Continental Shelf Lands Act to protect large portions of the Chukchi and Beaufort seas in the Arctic and a string of canyons in the Atlantic stretching from Massachusetts to Virginia. In addition to a five-year moratorium already in place in the Atlantic, removing the canyons from drilling puts much of the eastern seaboard off limits to oil exploration even if companies develop plans to operate around them.

The announcement by the White House late in the afternoon was coordinated with similar steps being taken by Canadian Prime Minister Justin Trudeau to shield large areas of that nation’s Arctic waters from drilling. Neither measure affects leases already held by oil and gas companies and drilling activity in state waters.

“These actions, and Canada’s parallel actions, protect a sensitive and unique ecosystem that is unlike any other region on earth,” the White House said in a statement. “They reflect the scientific assessment that, even with the high safety standards that both our countries have put in place, the risks of an oil spill in this region are significant and our ability to clean up from a spill in the region’s harsh conditions is limited.

White House officials described their actions to make the areas off limits to future oil and gas exploration and drilling as indefinite. Officials said the withdrawals under Section 12-A of the 1953 act used by presidents dating to Dwight Eisenhower cannot be undone by an incoming president. It is not clear if a Republican-controlled Congress can rescind Obama’s action.

Read the full story at The Washington Post