Outer Continental Shelf Lands Act Archives

Feds now question their own approval of New England Wind

October 29, 2026 — New England Wind is the latest offshore wind project in the federal government’s crosshairs.

In response to a lawsuit spearheaded by Nantucket-based nonprofit ACK for Whales, federal officials are asking a judge to allow them to reconsider their approval of the project about 24 miles southwest of Nantucket.

In an Oct. 20 court filing responding to the plaintiffs’ motion for summary judgment, the Department of the Interior agreed with ACK for Whales saying that its previous approval did not adequately explain how the project would comply with requirements protecting the environment, fishing and navigation.

“This filing by DOI is significant in our efforts to protect the environment around Nantucket from the damaging impacts of large scale offshore wind development,” ACK for Whales member Veronica Bonnet said.

The government is asking the court to send the project’s construction and operations plan back for further review under the Outer Continental Shelf Lands Act.

Read the full article at The Inquirer and Mirror

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.

Trump Administration Targets Fourth Offshore Wind Project for Remand

October 22, 2026 — In what is clearly emerging as a new tactic to derail the offshore wind energy sector, the Department of Justice filed for the fourth time in just a matter of days, asking a District Court to remand the prior approval of the Construction and Operations Plan of a proposed offshore wind farm. The latest target is New England Wind and is drawing angry criticism from environmentalists and elected officials.

The Department of Justice filed a memorandum in support of the long-running case between an environmental group, Ack For Whales, which has been suing the Department of Commerce and Avangrid, the developer of a project known as New England Wind. In the now common tactic, DOJ asks the District Court for the District of Columbia to remand the approval of the Construction and Operations Plan back to the Department of the Interior so that it can reconsider the approval under the Outer Continental Shelf Lands Act.

It writes in the memorandum that the approval, which was announced on July 1, 2024, “did not properly consider or explain how the COP ‘provides for’ the subsection’s identified factors.” It is the fourth time DOJ has used a similar tactic to target the permits for wind farms. It took the same approach to challenge the largely completed Revolution Wind project, which should complete commissioning by the end of this year, and then to challenge a series of projects that had gained approvals under the Biden administration but have not commenced construction.

Read the full article at The Maritime Executive

Trump administration asks to reconsider Ocean City offshore wind permit

October 20, 2026 — Months after first threatening to do so, the Trump administration has officially filed a request to reconsider the construction permit it issued to an offshore wind project proposed off the coast of Ocean City, Maryland.

It’s just the latest episode in President Donald Trump’s battle against offshore turbines since returning to office last year. The Republican administration has halted coastal wind leasing, issued stop work orders to projects under construction and spent billions to buy back wind leases previously issued to developers.

When it comes to the Ocean City project, proposed by US Wind, the federal government is arguing that the project did not receive adequate consideration under a federal law known as the Outer Continental Shelf Lands Act.

In their filing, Department of Justice officials cited possible adverse impacts of the project on: the North Atlantic right whale, “scenic and visual resources, some commercial fisheries, and scientific research.”

The administration is requesting to remand the permit “without vacatur,” meaning it would remain in place while the Department of the Interior reconsiders it.

Read the full article at WTOP

7 states sue Trump administration over nearly $1 billion deal to halt offshore wind farm

June 3, 2026 — Seven states are suing the Trump administration over a nearly $1 billion deal to end French energy company TotalEnergies’ offshore wind development off the East Coast, accusing the deal of being “unlawful.”

In March, the U.S. Department of the Interior reached a $928 million deal with TotalEnergies to halt construction of the wind farms and redirect the investment into domestic fossil fuel initiatives. The “landmark agreement” was described by the Interior Department as a way to lower energy costs and strengthen the nation’s energy security.

Attorneys general in seven states in the Northeast, including Connecticut, Maine, Massachusetts, New Jersey, New York, Rhode Island and Vermont, filed a lawsuit in the U.S. District Court for the District of Columbia on Tuesday, alleging the Trump administration illegally used nearly $1 billion in taxpayer dollars for the deal.

The coalition also accuses the deal of violating the Outer Continental Shelf Lands Act, which restricts the Interior Department’s ability to cancel offshore wind leases.

Read the full article at ABC News

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:

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.
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.
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.
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.
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