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Posts Tagged ‘litigation’

Oregon offshore wind: If litigation doesn’t stop the Oct. sale, the absence of bidders may.

Posted in energy policy, Offshore Energy - General, Offshore Wind, tagged , , , , , , , , on September 28, 2024| Leave a Comment »

Update 2: Oregon’s Governor requested cancellation. (letter attached)

“I am disappointed that BOEM’s accelerated process over the last year has further divided stakeholder communities, and put the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians in the position of challenging BOEM in federal district court. Oregon’s legislative Coastal Caucus is likewise now in full opposition to BOEM’s proposed lease.“

Update: The sale has been cancelled.

Despite the usual hype about the number of homes that could be powered and “good-paying jobs,” the upcoming Oregon wind lease appears to be very much in doubt. If legal action by Oregon tribes doesn’t halt or delay the sale, the absence of bidders may.

OregonLive reports that only one company, NewSun Energy, continues to be interested in participating in the sale. NewSun is primarily a solar energy developer with no apparent offshore wind experience.

Wind development offshore Oregon would be complex and very expensive given the need for floating turbines and new high-voltage transmission lines over the Coast Range. At least two counties, Coos and Curry, are set to vote on whether to publicly oppose offshore wind development off their coast.

If the sale is delayed such that BOEM is not able to issue leases before 12/20/2024, the leases cannot be issued until a qualifying oil and gas lease sale is held.

GovernorKoteklettertoBOEMDirectorKlein_1727455319170Download

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SCOTUS Chevron deference decision could factor large in the 5 Year Leasing Plan litigation

Posted in climate, energy policy, Gulf of Mexico, Offshore Energy - General, Regulation, tagged , , , , , on August 13, 2024| Leave a Comment »

API is challenging the Dept. of the Interior’s 5 year oil and gas leasing plan, which includes the fewest lease sales in program history. That challenge was filed on 12 February, 60 days after Secretary Haaland approved the 5 plan and the first day appeals could be filed pursuant to 43 U.S. Code § 1349.

18 weeks after the API suit was filed, the Supreme Court overturned the Chevron Doctrine. That doctrine (described above) instructed judges to defer to agency interpretations when the language in a law was unclear.

Interior’s 5 year OCS oil and gas leasing plan provides for the fewest (3) lease sales in history and may not have included a single sale were it not for legislation prohibiting the issuance of offshore wind leases unless an offshore oil and gas lease sale was held during the prior year.

This unprecedented oil and leasing decision was based on “the need to confront the climate crisis through reducing greenhouse gas emissions” and on achieving “net zero pathways.” Neither of those objectives is articulated in the OCS Lands Act or other governing legislation.

Extending the Secretary’s general safety and environmental authority for OCS operations to include global climate considerations is a stretch and the type of interpretive administrative decision that the Supreme Court struck down.

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Suing in DC Federal Court to stop Congressionally mandated oil and gas lease sale 261

Posted in energy policy, Gulf of Mexico, Offshore Energy - General, tagged , , on September 5, 2023| Leave a Comment »

The plaintiffs assert “insufficient and arbitrary environmental analyses, in violation of the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA).” The court filing is attached.

For those who missed it, supporters of the lease sale have challenged some of the provisions.

All of this will have to be resolved in the next 3 weeks, as the congressionally mandated sale, scheduled for 27 September, (presumably) cannot be postponed.

complaint-8.25.23Download

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Lease sale 257 challenges finally over?

Posted in Alaska, Gulf of Mexico, Offshore Energy - General, tagged , , , , , on May 5, 2023| Leave a Comment »

That would appear to be the case now that the US Court of Appeals for DC dismissed litigation challenging the sale.

Meanwhile, challenges to Cook Inlet Sale 258 (humble as it was with only one bid) and GoM Sale 259 continue. It’s a great country (if you like endless litigation)!

In addition to Lease Sale 257, the IRA also required Interior to offer three other lease sales in Alaska and the Gulf that it previously declined to hold. Lease Sale 258, in Alaska’s Cook Inlet, was held in December but received only one bid. Earthjustice is challenging that sale. Earthjustice is also challenging Lease Sale 259, in the Gulf of Mexico, which was held in March. Lease Sale 261, also in the Gulf, will be held by September of this year. 

EarthJustice

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California OCS: #law suits >>> #well starts

Posted in California, Offshore Energy - General, tagged , , , , , on October 10, 2022| Leave a Comment »

➡ Zero 2022 YTD well starts on the California OCS (per BSEE data the only well activity has been for plugging and abandonment purposes)

➡ Many law suits including these cases:

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RODA follows through on threat to sue the Federal government over Vineyard Wind 1 approval

Posted in Offshore Wind, Wind Energy, tagged , , , on February 9, 2022| Leave a Comment »

On October 19, 2021, RODA issued the government agencies a 60-day Notice of its Intent to Sue if they did not comply with the Clean Water Act, Endangered Species Act, Outer Continental Shelf Lands Act, and other federal environmental statutes. “The Alliance received no reply, and the environmental violations were not remedied,” Hawkins stated. “The decisions on this project didn’t balance ocean resource conservation and management, and must not set a precedent for the enormous “pipeline of projects” the government plans to facilitate in the near term. So we had no alternative to filing suit.”

Responsible Offshore Development Alliance

Vineyard Wind 1 is a 62-turbine offshore wind project to be built 15 miles south of Martha’s Vineyard, and is the first commercial-scale wind project approved for US offshore waters.

download here

Of particular interest to the offshore industry, RODA’s court filing raises concerns about the structural integrity of the 13 MW Haliade-X turbines during Atlantic hurricanes, ice shedding in the winter, radar interference, pile driving noise, Jones Act violations, and failure to consider decommissioning issues.

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