Bud's Offshore Energy (BOE)

Unsurprisingly, 17 States (plus DC) filed the attached lawsuit in Massachusetts federal court asserting that the directive to suspend offshore wind activities is illegal.

This will be interesting given that the OCS Lands Act grants broad authority to the Secretary of the Interior to suspend activities when necessary to ensure safety, protect the environment, or allow for further study of potential impacts.

Those who are familiar with the administration of the OCS Lands Act know that there is really no such thing as a “fully permitted project.” The Secretary can call for further review whenever concerns are raised and there is a need for further investigation.