Current Status
The Bureau of Ocean Energy Management (BOEM) has approved construction and operation plans (COPs) for ten offshore wind projects, totalling more than fifteen gigawatts (GW) of potential generating capacity.
Why It Matters
The US has identified vast potential for offshore wind in federal waters in the Outer Continental Shelf (OCS) but offshore wind deployment in the US has struggled. When President Biden took office in 2021, the US had one commercial offshore wind facility in operation with a potential generating capacity of 30 megawatts (MW), while global offshore wind capacity reached nearly 33,000 MW. The Biden administration set an ambitious goal to deploy 30 gigawatts (GW) of offshore wind by 2030. Some states have required their electric utilities to develop or facilitate the development of offshore wind facilities to reach their clean energy goals and the passage of the Inflation Reduction Act (IRA) in August 2022 created significant economic incentives for the development of offshore wind.
The Bureau of Ocean Energy Management’s (BOEM) permitting actions must comply with a suite of federal laws that play a significant role in approving offshore renewable energy projects. These include the National Environmental Policy Act (NEPA), the Marine Mammals Protection Act (MMPA), and the Endangered Species Act (ESA). These federal regulations require processes that are time- and resource-intensive and have historically stalled offshore wind permitting processes and led to litigation, which further delayed offshore wind development in the US.
Key Resources
Timeline
Sept. 16, 2024 The Biden Administration and DOI announced the first Gulf of Maine offshore wind lease sale for areas offshore Massachusetts, New Hampshire and Maine. If fully developed, these areas would have a potential, with a total potential capacity of approximately 13 GW, enough to power more than 4.5 million homes.
Sept. 13, 2024 The Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians filed a lawsuit challenging BOEM’s environmental review for the development of offshore wind in two areas off the Oregon Coast. No. 6:24-cv-01558 (D. Or.).
Aug. 19, 2024 BOEM announced the execution of the nation’s first floating offshore wind energy research lease off the coast of Maine. If approved, the project would facilitate in-depth studies on the feasibility and projected impacts of commercial-scale floating offshore wind projects in the region.
Sep. 5, 2024 BOEM issued a Record of Decision approving the Maryland Offshore Wind Project, the tenth commercial-scale offshore wind energy project. BOEM anticipates the project will generate up to 2.2 GW of energy over a lease area of 8.7 nautical miles offshore Maryland. See the Construction and Operations Plan and Final Environmental Impact Statement.
July 2, 2024 BOEM approved the COP for Atlantic Shores South Offshore Wind Project, which has a capacity of 2,800 MW.
June 21, 2024 BOEM approved the 924-MW Sunrise Wind COP. With this approval, BOEM is halfway towards its goal to approve 16 COPs by 2025 and one-third of the way towards its goal of approving 30 GW by 2030.
May 15, 2024 BOEM and BSEE finalized the Renewable Energy Modernization Rule in the Federal Register. The rule amends DOI’s renewable energy regulations under OCSLA and streamlines the project design and installation verification process, establishes a public Renewable Energy Leasing Schedule, and reforms BOEM’s renewable energy auction rules, among other changes. The final rule went into effect on July 15, 2024.
Apr. 24, 2024 The First Circuit upheld BOEM’s approval of Vineyard Wind. The First Circuit affirmed the District of Massachusetts dismissal of a challenge to Vineyard Wind claiming that BOEM’s and the National Marine Fisheries Service’s analyses violated the ESA or NEPA. See Nantucket Residents Against Turbines v. U.S. BOEM, 100 F.4th 1 (1st Cir. 2024).
April 2, 2024 BOEM approved the COP for New England Wind, which has a capacity of 2,600 MW. With this approval, the Biden administration has approved 7 COPs.
Feb. 26, 2024 BOEM published the final environmental impact statement (FEIS) for New England Wind (formerly Vineyard Wind South) off the coast of Massachusetts, which is expected to generate up to 2.6 GW of electricity. On Apr. 2, 2024, BOEM issued its record of decision (ROD) approving construction of up to 130 wind turbines within the lease area. See the Construction and Operations Plan for New England Wind here.
Feb. 2, 2024 BOEM approved the COP for Empire Wind’s two projects, which would have a total capacity of 2,076 MW of energy and is the sixth COP approved by the Biden administration.
Feb. 14, 2023 BOEM published a Notice of Intent To Prepare an Environmental Assessment for Commercial Wind Leasing and Site Assessment Activities on the U.S. Outer Continental Shelf Offshore Oregon. BOEM’s environmental assessment (EA) would consider the potential environmental impacts associated with possible wind energy-related leasing, site assessment, and site characterization activities on the Outer Continental Shelf (OCS) offshore Oregon.
Jan. 25, 2024 BOEM and NOAA released the final joint North Atlantic Right Whale and Offshore Wind Strategy identifying the agencies’ goals and actions to evaluate and mitigate the effects of offshore wind energy development on North Atlantic right whales and their habitat. (Permalink Jan. 2024 North Atlantic Right Whale and Offshore Wind Strategy; Permalink 2022 Draft North Atlantic Right Whale and Offshore Wind Strategy).
Jan. 11, 2024 BOEM published a draft environmental assessment for wind leases in the Central Atlantic Wind Energy Areas. The draft will inform whether the agency issues wind leases in the Central Atlantic Wind Energy Areas. BOEM is accepting comments on the assessment until Feb. 12, 2024.
Jan. 8, 2024 BOEM announced the availability of a draft programmatic environmental impact statement (PEIS) for six lease areas in the New York Bight area, totaling more than 488,000 acres. Comments are due Feb. 26, 2024.
Jan. 3, 2024 Empire Wind announced they are terminating their agreement for the Empire Wind 2 project with NYSERDA due to economic challenges. The project’s developers left open the possibility that the project could continue under different terms.
Dec. 20, 2023 BOEM published a notice of intent to prepare a programmatic environmental impact statement (PEIS) for five leased areas off the coast of California.
Nov. 17, 2023 Treasury proposed guidance on Inflation Reduction Act tax credits for which offshore wind could be eligible. Comments will be due 60 days after publication in the Federal Register.
Oct. 31, 2023 BOEM approved the 2,600 MW capacity Coastal Virginia Offshore Wind Commercial (CVOW-C) Project’s COP. This is the fifth COP that the Biden administration approved and represents a total of 5.3 GW total capacity of approved projects.
Oct. 3, 2023 Massachusetts, Rhode Island, and Connecticut signed a memorandum of understanding to coordinate offshore wind procurement and benefits sharing, with the goal of procuring offshore energy at more affordable rates.
Aug. 22, 2023 BOEM approved the COP for the 704 MW capacity Revolution Wind project, off of Rhode Island. This is the fourth COP that BOEM has approved and represents a total of 2.7 GW total approved projects.
July 5, 2023 BOEM approved the COP for the 1,100 MW capacity Ocean Wind 1 project offshore New Jersey, which is the third COP that BOEM has approved representing about 2 GW of total capacity.
May 17, 2023 The District Court for the District of Massachusetts dismissed a challenge to Vineyard Wind claiming that BOEM’s and the National Marine Fisheries Service’s analyses violated the Endangered Species Act or NEPA in issuing their Biological Opinion and Final Environmental Impact Statement for Vineyard Wind. Nantucket Residents Against Turbines v. BOEM, Docket No. 21-cv-11390 (D. Mass.).
May 22, 2023 BOEM completes the environmental analysis of the proposed Ocean Wind 1 project offshore New Jersey, which could provide 1,215 to 1,440 MW of capacity. BOEM posted a “Notice of Availability” for the final EIS in the Federal Register, which is the final step before BOEM makes a final decision to approve or deny the COP. If approved, Ocean Wind 1 would be the third offshore wind project approved in federal waters, helping the Biden administration reach its goal of 16 approved COPs by 2030 and making the total approved offshore wind capacity a little more than 2 GW.
Mar. 29, 2023 DOE released its Offshore Wind Energy Strategy, which is a summary of its efforts to meet President Biden’s offshore wind goals. It includes lowering costs from $73/MWh to $51/MWh by 2030 and to $45/MWh by 2035. It also seeks to develop a domestic supply chain; inform sustainable, just development; and enable reliable transmission interconnection.
Mar. 20, 2023 EPA published the Determination for No Competitive Interest (DNCI) in the Federal Register for the State of Maine’s floating offshore wind research application. BOEM explained that the DNCI “does not guarantee that the State of Maine will receive a research lease” and BOEM will first process the application and conduct environmental reviews.
Feb. 22, 2023 The Biden administration and BOEM announced the first-ever Gulf of Mexico offshore wind lease sale in areas offshore Texas and Louisiana that have the potential to generate enough energy to power 1.3 million homes.
Dec. 7, 2022 BOEM announced the results of its first ever floating offshore wind lease sale for the Pacific region. This is the first floating offshore wind sale in the US, a technology that is required in the West Coast’s deep waters. The lease sale represents 4.6 GW of capacity.
Sep. 15, 2022 The Biden administration launched a strategy to develop floating offshore wind platforms along with a 15 GW capacity goal by 2035. This target is in addition to the administration’s previous 30 GW of capacity goal by 2030. DOE also launched its Floating Offshore Wind Array Design Project funded by the Bipartisan Infrastructure Law to help develop several turbine designs.
Sep. 7, 2022 The District Court for the District of Massachusetts ruled that General Electric infringed upon Siemens Gamesa’s patent for their wind turbine designs. An agreement between the parties and the court “carves out” an exception for 62 of GE’s turbines to be used in the Vineyard Wind Offshore Wind Project. Siemens Gamesa Renewable Energy v. General Electric Co., No. 1:21-cv-10216 (D. Mass.).
Aug. 15, 2022 Congress passed the Inflation Reduction Act (IRA), which includes measures for the production of 120,000 wind turbines in the US. The IRA also includes provisions supporting offshore wind project development through clean energy tax credits, bonus credits for projects that meet certain labor requirements, and other credits for domestic production of offshore wind components. Additional funding was granted to DOI to facilitate development and conduct environmental reviews. The IRA also opened offshore regions in the Southeast US for development which were previously protected by Trump era moratoriums. For more information, read our blog The IRA Offshore Energy Leasing Provisions’ Potential Impacts.
Aug. 10, 2022 The Supreme Court of Ohio rejected an appeal by two residents for a certificate of environmental compatibility and public need issued by the Ohio Power Siting Board. The project consists of a six-turbine wind farm set for construction eight to ten miles off the coast of Lake Erie. In re Application of Icebreaker Windpower, Inc., Slip Opinion No. 2022-Ohio-2742 (Ohio).
July 20, 2022 President Biden directed the Secretary of the Interior to advance clean energy development in the Southeast and boost offshore wind in an effort to eliminate uncertainty regarding President Trump’s executive order prohibiting leasing in the region from July 2022 to 2032.
June 30, 2022 The District Court for the District of Massachusetts granted the government and Vineyard Wind’s motions to dismiss several claims challenging the Vineyard Wind offshore wind project under OCSLA and the Endangered Species Act. The court held that the plaintiff, Allco Renewable Energy, failed to provide the statutorily required notice prior to the start of the lawsuit. Allco Renewable Energy Ltd. v. Haaland, No. 21-cv-11171 (D. Mass.). The district court granted the government’s motion for summary judgment regarding the remaining claims on Aug. 4, 2023 and closed the case. The First Circuit affirmed the district court’s dismissal on April 25, 2024. Melone, et. al. v. Coit et al., No. 23-1736 (1st Cir.).
June 27, 2022 . The District Court for the District of Massachusetts dismissed consolidated challenges to the Vineyard Wind project under various statutes from trade groups representing offshore development and fisheries. Responsible Offshore Development Alliance v. US Department of the Interior, No. 22-cv-11172 (D. Mass.) (consolidated with Docket No. 1:22-cv-11091). One lawsuit was originally filed in the District Court for the District of Columbia, but the court transferred the case to the District of Massachusetts on June 27, 2022. Responsible Offshore Development Alliance v. United States Department of the Interior, No. 22-cv-00237 (D.D.C). Plaintiffs appealed the district court’s decision to the First Circuit on Dec. 7, 2023. Responsible Offshore Development Alliance v. DOI, No. 23-2051 (1st Cir.).
June 23, 2022 BOEM published its Draft Fisheries Mitigation Strategy guidance for offshore wind companies on communicating potential impacts of proposed projects to recreational and commercial fishing. President Biden also announced a Federal-State Offshore Wind Implementation Partnership to enhance collaboration on the East Coast to build a US-based supply chain for offshore wind development.
June 22, 2022 BOEM released its Process for Identifying Alternatives for Environmental Reviews of Offshore Wind Construction and Operation Plans pursuant to the National Environmental Policy Act. The process document is a collaborative effort between several federal agencies that participate in BOEM’s environmental reviews and sought to establish a standard screening criteria for alternatives within COPs.
Apr. 14, 2022 The U.S. Customs and Border Protection Agency issued a ruling that narrows the scope of the Jones Act to promote the construction of offshore wind facilities. Previously, the Jones Act, which limits the transportation of merchandise between U.S. ports to U.S. owned and operated vessels, complicated offshore wind farm installation because it prohibited the use of readily available foreign wind turbine installation vessels. The ruling provided the industry with clarity and more options.
Feb. 25, 2022 BOEM held a record-breaking wind lease sale in the New York Bight.
Jan. 18, 2022 BOEM approved the COP for the 130 MW capacity South Fork Wind Farm and South Fork Export Cable Project. For more information, read our blog on The Implications of BOEM’s Decision on the South Fork Wind Farm and listen to our podcast, CleanLaw—Lowry Yankwich and Doug Christel Talk about the South Fork Wind Project.
Jan. 12, 2022 BOEM and NOAA entered into a ten year MOU to coordinate and streamline the development of offshore wind. Both agencies serve fundamental roles in approving COPs and their coordination will reduce inconsistencies between authorities throughout the licensing process.
Oct. 13, 2021 DOI announced a leasing strategy to hold up to seven offshore wind auctions by 2025.
May/June 2021 On May 25, DOI announced an agreement with California and the Department of Defense that “opens up the West Coast for offshore wind development for the first time in history,” by identifying priority areas that are compatible with the Department of Defense’s training and testing operations in a manner that protects fisheries resources and marine life. On June 14, BOEM and the Army Corps of Engineers (Corps) announced an agreement to plan and review renewable energy projects, allowing the Corps to provide additional technical and scientific resources to advance permitting.
April 2021 BOEM released guidance describing the agency’s methodology to assess whether a project’s visual impacts are consistent with NEPA, which may help to mitigate litigation risks for offshore wind.
Apr. 9, 2021 DOI Principal Deputy Solicitor Robert Anderson issued a legal opinion (M-37067) revoking a Trump-era legal opinion (M-37059) that interpreted subsection 8(p)(4)(I) of OCSLA. Solicitor Anderson’s Opinion M-37067 concluded that the Secretary retains the authority to balance two or more conflicting goals associated with the exclusive economic zones. This revocation signals a clear intent to move forward with projects based on the Secretary’s consideration of several and potentially competing factors.
Mar. 29, 2021 The Biden administration announced a target to deploy 30 GW capacity of offshore wind in the US by 2030, and specific actions for federal agencies to advance offshore wind projects, including a directive to BOEM to “complete review” of at least sixteen COPs by 2025, as well funding for technology, fisheries research, and port infrastructure. For more information, read our blog: The Problems and Opportunities of Offshore Wind: Recommendations for Collaborative Governance.
Jan. 27, 2021 President Biden issued Executive Order 14008 directing the Secretary of the Interior to review siting and permitting processes on public lands and in offshore waters to identify steps that can be taken to increase renewable energy production.
Dec. 14, 2020 Daniel H. Jorjani issued Solicitor Opinion M-37059 interpreting 43 U.S.C. § 1337(p)(4)(I), finding that the DOI Secretary must prevent “unreasonable” interference with reasonable uses of the exclusive economic zone, including fishing and navigation, but does not have an obligation to prevent de minimis or reasonable interferences to those uses that might accompany the generation of power through wind farms.
Sept. 25, 2020 President Trump signed a memorandum withdrawing from energy disposition, including for offshore wind development, certain areas along the coast of North Carolina for ten years starting on July 1, 2022.
Aug. 9, 2019 DOI Secretary David Bernhardt announced an expansion of the EIS review process to assess the cumulative impacts of OCS development weeks before construction is set to begin. The delay places additional financial risk on Vineyard Wind which anticipated support from a federal tax credit system set to expire at the end of 2019.
Dec. 7, 2018 BOEM released a Draft Environmental Impact Statement (DEIS) for Vineyard Wind’s proposed offshore wind facility off the coast of Massachusetts. Vineyard originally won its lease at auction in January 2015 and submitted a COP to BOEM in December 2017. On June 12, 2020, BOEM published a supplement to the DEIS resubmitted by Vineyard Wind for public review and comment. The document addressed the information requested by DOI in August 2019, including fishing data and the cumulative effects of offshore wind farms. For more on the Vineyard Wind project, read our blog post, Vineyard Wind is One Step Closer to Construction: Will Anything Else Get in the Way?
Sept. 30, 2018 The District Court for the District of Columbia granted BOEM’s motion for summary judgment, ruling that the agency’s four-phased leasing process used to issue New York’s Statoil Wind lease complied with OCSLA and NEPA. Fisheries Survival Fund v. Bernhardt, No. 16-cv-02409 (D.D.C.).
May 10, 2018 Cape Wind Associates relinquished its lease in the Cape Wind Lease Area.
Aug. 15, 2017 President Trump issued Executive Order 13807 which established a “One Federal Decision” plan to streamline the review and permitting of major infrastructure projects, including offshore wind. BOEM created its “Design Envelope” approach to COPs consistent with this order.
Dec. 12, 2016 The United States’ first offshore wind farm off of Block Island, Rhode Island began delivering energy to the power grid. The 30 MW capacity project consists of five turbines located in state waters and utilizes an eight nautical mile-long right of way grant issued by BOEM on December 19, 2014.
Sept. 9, 2016 DOE, in collaboration with DOI, published its second strategic guide titled A National Offshore Wind Strategy: Facilitating the Development of the Offshore Wind Industry in the United States. The strategy laid out 34 actions that DOE and DOI can take to facilitate offshore wind development in the country. Within the publication, DOE also launched a series of investments totaling more than $250 million in targeted research and announced the development of an initiative to facilitate the siting, leasing, and construction of new projects.
July 5, 2016 The Court of Appeals for the D.C. Circuit found BOEM violated NEPA when issuing the COP for the Cape Wind project, and specifically failed to assess the geological and geophysical environment of the Nantucket Sound. Public Employees for Environmental Responsibility v. Hopper, Docket No. 14-5301 (D.C. Cir. 2016).
Dec. 4, 2015 The Fixing America’s Surface Transportation (FAST) Act is signed into law (42 U.S.C. § 4370m). FAST-41 created a governance structure, procedures, and funding authorities designed to improve the federal environmental review and authorization for covered infrastructure projects, including offshore wind.
Mar. 24, 2015 BOEM approved the country’s first Research Activities Plan (RAP) submitted by the Virginia DMME. The RAP included a plan for a grid-connected, 12 MW offshore wind test facility to provide data and information for the benefit of future offshore wind production.
Apr. 14, 2014 BOEM finalized a rule extending the amount of time lessees and grantees have to submit a SAP or General Activities Plan (GAP) following an auction. The rule grants both lease holders and grantees twelve months to submit their proposals, as compared to the previous rule which gave six months for lessees and sixty days for grantees and proved impractical.
Feb. 7, 2011 Department of Energy (DOE) in collaboration with DOI released the first offshore wind strategic guide: A National Offshore Wind Strategy: Creating an Offshore Wind Energy Industry in The United States. Two months later, DOI launched the “Smart from the Start” program to bring offshore wind to market, including identifying low conflict, high potential leasing areas, coordinating task forces, reducing and combining the processes involved, and creating more certainty for the public and industry stakeholders.