Radar interference is one of the key issues in the law suit against the Empire Wind project. Congressman Smith’s press release (attached) focuses on that issue.
Archive for the ‘Offshore Wind’ Category
Rep. Chris Smith: “Radar interference alone enough to pull the plug on‘extremely dangerous’ Empire Wind project”
Posted in energy policy, Offshore Wind, tagged Congressman Chris Smith, Empire Wind, litigation, radar interference on June 9, 2025| Leave a Comment »
Norway named in Empire Wind complaint! Another first for the US OCS program.
Posted in energy policy, Norway, Offshore Wind, tagged court filing, Empire Wind, Equinor, govt owned company, Norway, OCS Lands Act on June 5, 2025| Leave a Comment »
Along with other charges, the attached complaint asserts that awarding a wind lease to Norway’s Equinor, violates the Outer Continental Shelf Lands Act (OCSLA):
- As an agency or instrumentality of Norway, Equinor cannot receive a lease on the Outer Continental Shelf for offshore wind turbine development or generation of electric power.
While other elements of the complaint appear to have merit, the charge against Norway does not. Here’s why:
- US subsidiaries of foreign companies have long held leases under the OCS Lands Act.
- Equinor US Wind is the US subsidiary holding the wind lease.
- Equinor USA E&P holds interests in OCS oil and gas leases in the Gulf of America. BOEM credits 548,389 barrels of oil production to Equinor for 2023.
- Chinese state-owned CNOOC has been an oil and gas lessee in the Gulf of America.
- US subsidiaries of Shell and BP, both foreign corporations, are the top 2 producers in the Gulf. Although not government owned, there is nothing in OCSLA that distinguishes between US subsidiaries of private and govt owned companies. Woodside (Australia) and Eni (Italy) are also important Gulf producers.
The plaintiffs second count (excerpt below) seems to have more merit. The bulk of the filing pertains to this count.
- BOEM never completed its “necessary review”, see Stop Work Order, April 16, 2025, and, instead, reinstated the Empire Wind work permit on May 19, 2025 without any explanation or finding, stating as follows:
On April 16, 2025, the Bureau of Ocean Energy Management issued a Director’s Order to Empire Offshore Wind LLC to halt all ongoing activities related to the Empire Wind Project on the outer continental shelf. That Order is hereby amended to lift the halt on activities during the ongoing review.
The complaint goes on to discuss the reasons why the plaintiffs believe the review was indeed necessary and should have been conducted.
Heerema Thialf is attracting attention!
Posted in decommissioning, energy policy, Offshore Wind, tagged Empire Wind, Equinor, heavy lift, Heerema, piles, SSCV, Thiaf, wind turbines on June 4, 2025| Leave a Comment »
Thialf: a character in Norse mythology who was Thor’s servant.
The Heerema Thialf, a semi-submersible crane vessel (SSCV), is a rather massive presence in coastal waters. The vessel is 661 feet long and 470 feet high, with a lifting capacity of up to 14,200 metric tons, and is the second-largest of its kind.
The Thialf, which set a world record in 2000 by lifting the 11,883-metric-ton Shearwater topside structure in the North Sea, will be driving piles for 54 Vestas 15 MW wind turbines and a substation structure that are part of Equinor’s controversial Empire Wind project.
John Smith tells me that the Thialf is one of the heavy lift vessels being considered for removing California offshore oil and gas platforms. The vessel is too large for the Panama Canal and would have to make the trip around South America or across the Pacific, depending on where it was last working.
The Thialf’s day rate has not been disclosed, but is likely greater than $500k. Equinor claimed to be losing $50 million/week when the project was paused. Thialf costs were presumably a significant chunk of those losses.
New England coalition files suit challenging the New England Wind 1 & 2 approvals
Posted in energy policy, Offshore Wind, Regulation, tagged Ack for Whales, Aquinnah Wampanoag, BOEM, DOI, Green Oceans, lawsuit, New England Wind, NMFS on May 29, 2025| Leave a Comment »
ACK For Whales, the Wampanoag Tribe of Gay Head / Aquinnah, Green Oceans, a coalition of charter fishing groups and seven individuals filed suit in federal court asserting that the Departments of Interior and Commerce violated the law when they approved the Record of Decision (ROD) for the New England Wind 1 and 2 projects.
Construction has not yet begun on the New England Wind 1 and 2 projects. The leases abut Vineyard Wind’s troubled lease 0501 (see above map), site of last summer’s turbine blade failure.
Per ACK for Whales President Vallorie Oliver:
“In offshore wind project after offshore wind project, from Revolution Wind, Vineyard Wind and New England Wind to the others, the government was so desperate to rush these projects that it cut corners and violated the law,” Oliver said. “The government didn’t care if it trampled on the Wampanoag sacred beliefs and rites, hurt the charter boat, fishing and lobster industries or wiped out the Right whales. The only thing that mattered was to get these environmentally destructive turbines built, costs to the rest of us be damned.”
| Plaintiff: | ACK FOR WHALES, INC., VALLORIE OLIVER, AMY DISIBIO, VERONICA BONNET, DOUGLAS LINDLEY, STEVEN AND SHARYL KOHLER, DANNY PRONK, WILLIAM VANDERHOOP, GREEN OCEANS, RHODE ISLAND PARTY AND CHARTER BOAT ASSOCIATION, CAPE COD CHARTER BOAT ASSOCIATION, INC., CONNECTICUT CHARTER AND PARTY BOAT ASSOCIATION, INC., MONTAUK BOATMEN AND CAPTAINS ASSOCIATION, INC. and WAMPANOAG TRIBE OF GAY HEAD AQUINNAH |
|---|---|
| Defendant: | UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL MARINE FISHERIES SERVICE, BUREAU OF OCEAN ENERGY MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR, DOUG BURGUM, in his official capacity as Secretary of the Interior, WALTER CRUICKSHANK, in his official capacity as the Director of the Bureau of Ocean Energy Management, HOWARD LUTNICK, in his official capacity as the Secretary of Commerce and EUGENIO PIEIRO SOLER, in his official capacity as the Assistant Administrator of the National Marine Fisheries Service |
| Case Number: | 1:2025cv01678 |
| Filed: | May 27, 2025 |
| Court: | U.S. District Court for the District of Columbia |
Offshore wind opponents feel betrayed by Empire Wind reversal
Posted in climate, energy policy, Offshore Wind, pipelines, Regulation, tagged commercial fishing, Constitution pipeline, Empire Wind, Equinor, Green Oceans, Norway, offshore wind regulation, pause reversal, Wampanoag Tribe on May 27, 2025| Leave a Comment »
With victory in sight, the President pulled the ball away from his most ardent East Coast supporters.
Further thoughts on the reasons for the Empire Wind reversal:
- Legal/regulatory: Although lease cancellation is not a reasonable option at this time, a pause for further review of the environmental and procedural issues is justified. During the previous Administration, the regulators seemed to function primarily as cheerleaders, as evidenced by the departures (examples here and here), the BOEM/NOAA strategy document, and the promotional tweets. Also, where is the long awaited report on the turbine blade failure? How do you proceed with development before that has been released for public review?
- Norwegian govt intervention: Some would argue that Empire Wind was a bad investment by Equinor (2/3 govt owned) and it would have been better to take the losses and move on.
- Trade unions: Concerns about the job losses are warranted, but the long term viability of the subsidy dependent offshore wind industry is in doubt, and important industries (e.g. fishing and tourism) may be negatively impacted. Other job losses could occur if offshore wind drives up electric prices and decreases grid reliability.
- Pipeline deal: The regionally important Constitution natural gas pipeline is still very much in doubt despite reports of a deal with Governor Hochul. With or without her support, climate-ultras are driving NY/New England energy policy and will, at a minimum, stall this project. Fisheries Nation was particularly blunt in criticizing fishermen being “used as a poker chip” to gain tepid support for the pipeline project.
Following the reversal of the Empire Wind decision, Green Oceans, ACK for Whales, Long Island Commercial Fishing Association, Protect Our Westport Waters, Save Greater Dowses Beach, Save Right Whales Coalition, and the Wampanoag Tribe of Gay Head/Aquinnah petitioned Secretary Burgum to halt all wind construction in New England coastal waters and begin a “complete reevaluation” of their permits under applicable federal laws. In addition to right whale and tribal cultural resources concerns, the letter cited:
- Critical habitat destruction impacting cod spawning grounds.
- Inadequate response to turbine blade failures and environmental cleanup.
- Severe adverse impacts on regional fisheries and economic displacement.
- Compromised national defense radar and marine safety capabilities.
- Misleading economic analyses that omit substantial regional job losses and increased electricity prices.
Offshore wind opponents experiencing whiplash after sudden Empire Wind reversal. What happened?
Posted in energy policy, Offshore Wind, tagged Empire Wind, Equinor, Jens Stoltenberg, Kathy Hochul, Norway, Protect Our Coast NJ, reversal on May 20, 2025| Leave a Comment »
The Administration has not yet explained the decision to allow the Empire Wind project to go forward. I suspect the following points apply:
- Attorneys advised, probably correctly, that the Administration would likely lose this case in the courts. Although the Secretary of the Interior has broad authority under OCSLA to suspend operations, he would need strong justification to do so indefinitely. Equinor has invested $billions in the project and their contractual rights would be difficult to abrogate.
- Equinor is 2/3 owned by the Norwegian govt, which engaged in diplomacy on Equinor’s behalf. Jens Stoltenberg, former PM of Norway and NATO chief, commented on X: “I commend the Trump Administration for our great cooperation in reaching an energy deal that allows Equinor to resume construction of Empire Wind. This will benefit both our countries & deliver energy to thousands of US households.”
- The project has strong support from trade unions.
- NY Gov. Hochul appears to have relaxed her position on gas pipelines: “I also reaffirmed that New York will work with the Administration and private entities on new energy projects that meet the legal requirements under New York law.”
A post on X by Protect Our Coast NJ summarizes the position of project opponents: “There are no words. There was a shocking announcement last night that the federal government reversed course on the Empire Wind Project. We were stunned to see this news. We believe that offshore wind anywhere is a terrible idea. And this project off New York and New Jersey lies in an especially important area—from a national security, environmental and economic perspective. We supported the President’s policy against offshore wind development. And we celebrated Secretary Bergum’s decision to stop the Empire Wind project a few weeks ago. At the time, he said Equinor ‘rushed through by the prior administration without sufficient analysis or consultation among the relevant agencies as relates to the potential effects from the project.’ What changed in the past six weeks? Offshore wind is an extremely expensive, inefficient and unreliable source of power. It harms wildlife, including some of the most endangered mammals on planet Earth. We will fight to protect our coastal and marine ecosystems from the devastation brought by offshore wind construction and operations. We won’t stop until every scrap of steel is removed from the ocean. And we will work to ensure that government officials fully understand the ramifications to public safety, commerce and national defense Empire Wind represents.“
There are also concerns among Norwegian investors about this project:
- Some investors who see the clean energy transition as a financial loser. A resolution proposed at the company’s annual shareholders meeting last week called for divesting from wind.
- There are growing calls within Norway to cancel Empire Wind, said Alexander Fløtre, head of offshore wind research at Rystad Energy, an Oslo-based energy consultancy.
- “There have been voices saying that Equinor has kind of been given an out here for a bad project,” Fløtre said. “It’s not a top project from a profitability perspective. At the same time, it’s so mature that I think Equinor still sees a lot of prestige in getting this done and have quite a lot of investments into it already.”
Protect Our Coast NJ petitions EPA to withdraw permit allowing Sunrise Wind to use open loop cooling
Posted in Offshore Wind, Regulation, tagged EPA, HVDC cooling systems, Protect Our Coast NJ, Sunrise Wind on May 13, 2025| Leave a Comment »
Protect Our Coast NJ submitted a petition (attached) on May 12, 2025 requesting EPA to withdraw a permit that would allow the Sunrise Wind to use an open loop cooling system. The gist of the filing:
“Sunrise Wind has obtained an EPA permit to pull nearly 8 million gallons per day (MGD) of seawater from the Atlantic Ocean and discharge it, after use in cooling and mixture with sodium hypochlorite (chlorine), back into the environment at elevated temperatures. This open-loop system was authorized by EPA Region 1 under NPDES Permit MA0004940. However, approval of this method ignores EPA’s Best Technology Available (BTA) requirement and no rigorous alternatives analysis was conducted to justify this method over a closed-cycle cooling system, despite the known and broad negative environmental impacts that will result, including harms to early life stages of marine species.
The facility lies within a biologically rich and economically vital region of southern New England and the New York Bight. NMFS and BOEM have acknowledged this area as essential fish habitat (EFH) for numerous federally managed species, including Atlantic cod, winter flounder, and longfin squid.“
“Disaster, my friend, is blowin’ in the wind” ~ Richard Littlejohn
Posted in climate, energy policy, Offshore Wind, tagged Disaster is blowin' in the wind, Ed Miliband, wind turbines on May 10, 2025| Leave a Comment »
By Richard Littlejohn with apologies to Bob Dylan 😉
“How many pits must a man close down
Before we run out of coke?
How many North Sea oil rigs must shut
Before the UK goes broke?
Yes, and how many windmills must the countryside take
Before it’s beyond a sick joke?
Disaster, my friend, is blowin’ in the wind
Disaster is blowin’ in the wind.
Yes, and how many more must be dumped on the dole
Before the worm starts to turn?
Yes, and how long will we go on importing foreign coal
As if we’ve got money to burn?
Yes, and how many times will the lights go out again
Before this madman will learn?
Disaster, my friend, is blowin’ in the wind
Disaster is blowin’ in the wind.
Yes, and how much higher will our gas bills have to go
So Miliband can play superhero?
Yes, and while the economy goes up in flames
Mister Ed fiddles madly like Nero,
Yes, and how many old folk will die from the cold
In futile pursuit of Net Zero?
Disaster, my friend, is blowin’ in the wind
Disaster is blowin’ in the wind.
And here is Miliband with his version (You can’t make this up! 😉):
Wind energy resource management is reminiscent of the early days of oil production
Posted in energy policy, Offshore Wind, Regulation, tagged law of capture, North Sea, Offshore Wind, turbine wakes, Wind Theft on May 9, 2025| Leave a Comment »
A previous post on wind theft and a recent BBC article point to the rather limited understanding that wind developers and govt land managers have about wind resource management including optimal turbine spacing and protection of correlative rights. Wind is considered a renewable energy resource, but the energy lost through inefficient operating practices is not renewable.
Given that the wake effect can extend for more than 100 km, reduce downwind energy production by >10%, and affect biological productivity, a better understanding of this phenomenon should have preceded the installation of thousands of turbines.
Wind resource management is reminiscent of the early years of oil production when the “law of capture” reigned supreme and wasteful production practices were a self-defense mechanism.
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Tell us what you really think Congressman Van Drew!😉
Posted in energy policy, Offshore Wind, tagged Congressman Van Drew, development pause, lawsuit, New Jersey, Offshore Wind on May 7, 2025| Leave a Comment »
Congressman Jeff Van Drew doesn’t mince any words in commenting on New Jersey’s participation in the lawsuit against the offshore wind pause:
“You cannot make this stuff up. The Murphy administration already burned through billions of your tax dollars on offshore wind projects that never worked. They pushed it on us even when towns were saying no, fishermen were saying no, and the tourism industry was saying no. They looked the other way while whales washed up on our beaches. They ignored the Pentagon when it said it was a national security risk. The NJ Ratepayer Advocate said it would raise utility bills. The Government Accountability Office (GAO) said the cons outweighed the pros. They did not listen to anyone. And now, after all that, they want to throw even more taxpayer dollars at it in court. It truly is a slap in the face to every taxpayer and every family struggling to pay their energy bill.”
Bud's Offshore Energy (BOE) 