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First Day Presidential Directives May Have Broad Implications for Wind Industry

Among President Donald Trump’s directives issued on his first day in office was a Presidential Memorandum targeting wind energy, which has been a significant source of new electricity generation in the United States over the...more

Vineyard Wind Makes It a Clean Sweep ‎in First Circuit ‎Offshore Wind Decision

On December 5, 2024, the U.S. Court of Appeals for the First Circuit handed the U.S. offshore wind industry a decisive win in its eagerly awaited ruling on the remaining challenges to the Vineyard Wind 1 project’s federal...more

Furling the Sales: Offshore Wind Developers Are Tacking Away From Higher Risk Auctions

Going into 2024, the Biden Administration was primed to hold four offshore wind lease sales during the one-year window established by the Inflation Reduction Act. But the recent announcement by the Bureau of Ocean Energy...more

If at First You Succeed, Try Try Again: BOEM Wastes No Time Queuing up Another Central Atlantic Lease Sale

Fast on the heels of a small but successful sale of two leases off Delaware and Virginia, the Bureau of Ocean Energy Management (BOEM) has issued a Call for Information (“Call”) to kick off another round of leasing in the...more

Wind in Our Sales: Decoding the ‎Central Atlantic Offshore Wind Auction Results

On August 14, the Bureau of Ocean Energy Management (BOEM) held its long-awaited Central Atlantic lease sale, auctioning leases off Delaware and Virginia to Norwegian energy giant Equinor and utility Dominion Energy...more

Floating on Both Coasts: Gulf of Maine ‎and Oregon Proposed Sale Notices Are a Study in Contrasts

If the offshore wind industry is going to come close to meeting the Biden Administration’s goal of deploying 15 GW for floating wind by 2035, it’s going to require a lot of turbines spinning in the Gulf of Maine and off a...more

Offshore Wind Gets Some Modern Love: BOEM/BSEE Update Regulations to Better Reflect Current Practices

Last week, the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE) jointly finalized a long-awaited overhaul of their offshore wind leasing and permitting regulations, which...more

Update to Standing up to the Plaintiffs: Courts Scrutinize Pretextual Challenges to Offshore Wind

UPDATE: A recent lawsuit against Dominion Energy’s approved Coastal Virginia Offshore Wind (CVOW) project off the coast of Virginia underscores our prediction in our March 8 QuickStudy that plaintiffs will craft their...more

Latest Energy Communities Guidance Buoys Offshore Wind, but Navigation Hazards ‎Remain

On March 22, 2024, the IRS issued additional guidance (Notice 2024-30) on the energy communities provision of the Inflation Reduction Act. This latest guidance is narrowly focused on two topics: (1) expanding the “hook” by...more

BOEM Proposes to Go Another Round in ‎the Gulf of Mexico in ‎‎2024, ‎With Some Twists

In the world of offshore wind, the Bureau of Ocean Energy Management’s (“BOEM”) Gulf of Mexico region is known for its independent streak. The proposed sale notice (PSN) for its second Gulf of Mexico wind sale in two years...more

Survive and Advance: BOEM’s Gulf of Maine Leasing Process Makes It to the Next Round, but Can It Reach the Finals in 2024?

Of the four lease sales the Bureau of Ocean Energy Management (BOEM) expects to hold this year, the Gulf of Maine is shaping up to be the Big Dance. With some of the strongest winds on the East Coast, the Gulf of Maine is...more

Standing up to the Plaintiffs: Courts Scrutinize Pretextual Challenges to Offshore Wind

Stop us if you’ve heard this one before: a group of local residents or businesses opposes a renewable energy project for aesthetic, economic, or ideological reasons. But when filing lawsuits challenging project approvals,...more

BOEM Floats Another Oregon Milestone: Final Wind Energy Areas Designated

On February 13, 2024, the Bureau of Ocean Energy Management (BOEM) designated two final Wind Energy Areas (WEAs) for the development of floating offshore wind energy projects off the southern coast of Oregon. This...more

Treasury Issues Proposed Regulations ‎‎on Expanded ITC Under Inflation Reduction Act, ‎Boosting ‎‎Storage, Offshore Wind

On November 17, 2023, the Internal Revenue Service (“IRS”) and the U.S. Treasury Department (“Treasury”) issued Proposed Treasury Regulations (REG-132569-17) (the “Proposed Regulations”) providing guidance and amending...more

MA, RI and CT Sign MOU to Support ‎Offshore ‎Wind, but Key Gaps Remain‎

Last week, at the American Clean Power Association’s Offshore WINDPOWER Conference, Massachusetts Governor Maura Healey announced that Massachusetts, Rhode Island, and Connecticut have entered into a first-of-its-kind,...more

That Sinking Feeling: IRS Energy ‎Communities Guidance May Limit Eligibility of Many ‎Offshore ‎Wind Projects

In an ongoing series related to the Inflation Reduction Act (“IRA”), we have been looking at key provisions of the IRA with the potential to benefit the U.S. offshore wind industry. On April 5, 2023, the IRS issued Notice...more

New IRS and Treasury Guidance on ‎Energy Community Bonus ‎Tax Credits Leaves as Many ‎Questions as ‎it Answers

On April 4, 2023, the Department of Treasury (the “Treasury”) and the Internal Revenue Service (“IRS”) published Notice 2023-29, Energy Community Bonus Credit Amounts under the Inflation Reduction Act of 2022 (“the Notice”),...more

Messing with Texas: Texas Legislature ‎Proposes to Establish Permitting ‎Framework for New and ‎Existing Wind and Solar Projects

Texas has long been known for its light-touch regulatory regime, particularly towards the energy industry, but in the current legislative session state lawmakers are considering legislation that would require state permits...more

New York Bight Auction Represents ‎Next Step for Offshore Wind, but Headwinds Remain

On January 12, 2022, the Bureau of Ocean Energy Management (“BOEM”) announced its first ‎offshore-lease auction in over three years. The auction will take place on February 23, and will award ‎leases for over 488,000 acres in...more

Offshore Wind Closes 2021 Strong, ‎Further Growth Expected in 2022

In 2021, the demand for offshore wind in the United States grew significantly. With the recent announcements from Massachusetts and Maryland, over 8,400 MW of offshore wind power was procured last year. This sets a new record...more

Offshore Win(d): D.C. Circuit Dismisses Challenge to BOEM Leasing Program

On May 20, 2021, the D.C. Circuit affirmed a U.S. District Court ruling dismissing an appeal brought by the Fisheries Survival Fund, Garden State Seafood Association and seaside municipalities (“Appellants”) challenging the...more

What the Biden Administration Offshore Wind Proposal Could Mean for New York ‎Offshore Wind

On March 29, the Biden Administration issued a proposal to significantly boost U.S. investment in offshore wind energy. In addition to several funding mechanisms, the Administration proposed to designate a significant...more

Winds of Change:‎ Biden Administration Releases Plan to Accelerate Offshore Wind Energy

On March 29, the Biden Administration unveiled the broad strokes of a comprehensive, multi-agency plan to “accelerate and deploy offshore wind energy and jobs” in furtherance of President Biden’s twin priorities of fighting...more

New York Issues Final Renewable Energy Siting Regulations to Streamline Permitting

On April 3, 2020, New York State announced the passage of the Accelerated Renewable Energy Growth and Community Benefit Act (“Act”). The Act established a new Office of Renewable Energy Siting (“ORES”) within the NY...more

U.S. Fish and Wildlife Service Finalizes Revamp of Eagle Permit Rule: What You Need to Know

On December 16, 2016 the U.S. Fish and Wildlife Service (Service) published a final rule (Final Rule) revising its 2009 regulations establishing requirements for issuance of permits for “non-purposeful take” of bald and...more

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