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Posts Tagged ‘court order’

BOEM cleared to reconsider South Coast Wind approval

Posted in Offshore Wind, tagged , , , , , on November 5, 2025| Leave a Comment »

The Construction and Operations Plan (COP) for the SouthCoast Wind project was approved during the last week of the Biden Administration. That approval has been challenged by the Town and County of Nantucket. Ocean Wind, a joint venture of EDP Renewables (Portugal) and ENGIE (France), is the leaseholder.

Yesterday, the court issued an order concurring with the Federal government’s request for a voluntary remand of the COP approval. The court decision is attached. The Order concludes as follows:

It is ORDERED that the case be REMANDED to BOEM for reconsideration of its decision and that proceedings in this court are STAYED until further order of the court. It is further ORDERED that, on or before January 3, 2026, and every 60 days thereafter, the parties shall file a joint status report indicating the status of BOEM’s remand proceedings. It is further ORDERED that on or before 30 days following the issuance of a decision by BOEM, the parties shall file a joint status report informing the court if further proceedings are necessary and, if so, providing a proposed schedule for those proceedings.

gov.uscourts.dcd.278893.30.0Download

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BOEM rescinds controversial Rice’s Whale requirements

Posted in Gulf of Mexico, Offshore Energy - General, Offshore Wind, tagged , , , , , , on February 27, 2025| Leave a Comment »

Although Rice’s Whale lease stipulations were deleted from Sale 261 leases by court order, similar NTL restrictions remained in effect for all oil and gas operations in the Gulf of America. Those NTL restrictions, some of which may be excessive and premature, have now been rescinded.

A previous post compared the Rice’s Whale restrictions applicable to Gulf oil and gas operations with the less onerous Right Whale restrictions for the Atlantic wind industry.

Of course, this is not the end of the Rice’s Whale dispute. A Federal judge in Maryland has ordered the National Marine Fisheries Service’s (NMFS) to prepare a new biological opinion that better protects the Rice’s whale. The deadline for the new biological opinion was extended to May 21, 2025. After that date, no new Gulf leases may be issued and no new operating plans may be approved pending a new biological opinion that is acceptable to the Court.

Stay tuned.

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Judge Cain suspends the LNG export ban. Expanding gas markets is important to OCS producers.

Posted in energy policy, Gulf of Mexico, natural gas, Offshore Energy - General, tagged , , , , on July 3, 2024| Leave a Comment »

On July 1, U.S. Federal Judge James Cain Jr. (Western District of Louisiana) issued a preliminary injunction suspending DOE’s LNG exports “pause.” The judge’s full ruling is attached.

Judge Cain: “It appears that the DOE’s decision to halt the permit approval process for entities to export LNG to non-FTA countries is completely without reason or logic and is perhaps the epiphany of ideocracy.”

Nothing subtle about that comment 😉

Despite the court order, the Administration seems intent on keeping the “pause” in place. Per White House spokesperson Angelo Fernández Hernández, “We remain committed to informing our decisions with the best available economic and environmental analysis, underpinned by sound science.” ????

Nearly 80% of current OCS gas production is from deepwater leases. This production is primarily associated (oil-well) gas that operators are rightfully required to market for resource conservation and environmental reasons. Expanding LNG marketing opportunities could thus improve the economics of deepwater development.

The other 20% of OCS gas production is largely from gas-well (non-associated) gas produced by independent companies that continue to operate in the shallower waters on the shelf. LNG sales could improve the challenging economics for these producers and increase the ultimate recovery of shelf resources.

No.72-PIOrderDownload

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Dutch Court orders Greenpeace off of deep sea mining research vessel

Posted in Offshore Energy - General, Uncategorized, tagged , , , , , on December 1, 2023| Leave a Comment »

  • The District Court of Amsterdam has ordered Greenpeace International to immediately disembark from the research vessel commissioned by TMC subsidiary Nauru Ocean Resources Inc (NORI) to conduct legally-mandated environmental impact assessments requested by the Legal and Technical Commission of the International Seabed Authority (ISA)
  • Since November 23rd, Greenpeace’s unsafe and unlawful activities have hindered independent scientists in conducting environmental and scientific studies to assess ecosystem function and recovery one year on from NORI’s pilot nodule collection system test
TMC

A bit of history: We experienced Greenpeace protesters on Georges Bank way back in 1981. They were dispatched from the Rainbow Warrior which visited the Zapata Saratoga, 155 miles SE of Nantucket. Given the remote location, the protest was unexpected. However, the drilling operation was not disrupted and no action was taken against Greenpeace. Four years later, the Rainbow Warrior was bombed by French commandos while in port in Auckland, NZ prior to planned protests against French nuclear testing in the South Pacific. Sadly, one crew member was killed during this incident.

Greenpeace protesters at the Zapata Saratoga on Georges Bank, 1981

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The 5th Circuit’s order is attached

Posted in Gulf of Mexico, Offshore Energy - General, Regulation, tagged , , , , on September 26, 2023| Leave a Comment »

Of note (emphasis added):

IT IS ORDERED that appellants’ opposed motion for partial stay pending appeal is GRANTED in part. The preliminary injunction that was entered by the Memorandum Order of September 21, 2023, is hereby AMENDED only in that the sale that was set for September 27, 2023, is ORDERED to take place by November 8, 2023. No extension will be granted. That is to say: Insofar as the preliminary injunction is concerned, the final paragraph of the Memorandum Order remains in effect, pending appeal of the preliminary injunction, with the exception that “September 30, 2023,” is changed to “November 8, 2023.”

5thcircuitDownload

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BOEM commits to complying with Sale 261 court order if last ditch appeal fails

Posted in energy policy, Gulf of Mexico, Offshore Energy - General, Regulation, tagged , , on September 23, 2023| Leave a Comment »

The Federal Government has joined the Sierra Club et al in appealing Judge Cain’s order on Sale 261. BOEM has nonetheless committed to complying with the order if the appeal fails (likely).

BOEM is taking steps to comply with an order issued on September 21, 2023, by the U.S. District Court for the Western District of Louisiana regarding Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 261.   

Lease Sale 261 will be conducted on September 27, 2023. In accordance with the court’s order, BOEM will include lease blocks in Lease Sale 261 that were previously excluded due to concerns regarding potential impacts to the Rice’s whale distribution in the Gulf of Mexico.  

BOEM is also extending the bid submission period to 3 p.m. CST on September 26, 2023. 

BOEM

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