Wind Farm Legal Issues

The March 26 BOEM decision advanced Biden`s plans to double U.S. offshore wind capacity by 2030 and decarbonize the energy sector by 2035. U.S. fishing industry partners with oil lobby to fight offshore wind It said it would assess potential environmental impacts under the National Environmental Policy Act after wind leases are issued, according to the complaint. The transition from fossil fuels to renewable energy sources such as wind and solar threatens a similar delay and uncertainty. Citizen groups concerned not only about environmental and environmental impacts, but also impacts on visual resources, pose similar challenges to the country`s efforts to develop offshore wind. A group of New Jersey residents sued the Bureau of Ocean Energy Management (BOEM) to have its March decision to pursue development of a marine area 30 miles off the coast of New Jersey for wind turbines overturned. As one of the first law firms to focus on wind energy, Stoel Rives is pleased to have worked with so many talented players over the years to bring the industry to its current level of success. Our commitment to supporting the industry in the future is evident in the considerable time and effort we have invested in the preparation and preservation of up-to-date materials such as The Law of Wind and its related publications in other areas of renewable energy.

As lawyers, we take seriously our duty to educate industry and the general public on the legal aspects of developing, building, financing, operating and repowering wind resources. Solar company sues federal government over Vineyard offshore wind farm license U.S. offshore wind farm planning from Maine to California In this article, we provide historical context of the current focus on wind energy, examine taxpayer dollars that support the wind energy industry, and explain the legal issues surrounding wind power generation and landowner contracts. Building on our 2020 3-part series on Martin Levy`s offshore wind permits (JD 2020) (available on our Sea Level Rise & Oceans page), Cole Jermyn (JD 2021) takes a closer look at government and developer efforts to work with the fishing community in the Massachusetts wind energy region and suggests ways in which BOEM can leverage collaborative governance approaches to reduce conflict. and expedite approval. Download Cole`s article here. Farmers have been using the wind for a long time. Beginning in the 1800s, farmers in the United States installed several million wind turbines in the Midwest and Plains to pump water and (later) generate electricity for lights and radios. These windmills blended well into the existing landscape and generally did not cause problems for others. Today, however, the wind energy industry uses wind in other ways through large wind turbines, which have a huge impact on the visual landscape and rural culture. In some communities, wind energy development has raised issues between neighbours, between private landowners and wind energy development companies, and between local officials and development companies.

Cole`s article explores how improving BOEM`s collaborative governance efforts could help the agency and developers overcome fishing industry resistance to offshore wind projects and accelerate the long-term development of wind farms. Part I examines how BOEM and wind developers consulted with fishers during the offshore wind lease and development process for the Massachusetts Wind Energy Area (WEA) and the Vineyard Wind Project. Part II examines existing cooperation and consultation efforts for offshore wind within BOEM and at the state level that could influence an improved process. And Part III makes recommendations on what BOEM, with the support of Congress, can do to make the selection and development of offshore wind energy sites a truly collaborative process. Last year, the Department of the Interior approved the first commercial wind farm, the 800-megawatt Vineyard Wind Project off the coast of Massachusetts. Some farmers and other rural landowners have long-term agreements with wind energy companies to install and operate aircraft generators on their property. Typically, these agreements are written in favor of the wind company and require the negotiation and modification of many provisions to make them fair from the landowner`s perspective. Two decades ago, the price of wind energy was over $90 per MWh and the industry standard was a long-term fixed-price power purchase agreement (e.g. 20 years) with an investment-grade utility. Those days are over. In recent years, prices in organized markets such as ERCOT and SPP have fallen below $20 per MWh, and long-term utility contracts for the sale of electric rails have largely been replaced by “virtual” power purchase agreements with a number of corporate customers using wind technologies.

solar and other renewable energy to achieve their environmental, social and governance (ESG) objectives. The dramatic drop in prices over time is a clear sign of a mature industry. Developers have become better at place, build and operate wind projects. Equipment manufacturers have significantly increased the size of their machines and improved their productivity. Competition has increased; and costs have fallen. And the shift to corporate buyers is about both companies that address public concerns about the contribution of fossil fuel production to climate change and meeting government portfolio standards for renewables in the near future. The wind industry has shown that it is capable of continuous improvement and growth in the face of changing political winds. The integration of storage solutions, the impressive growth of offshore wind in the United States, opportunities to repower an existing wind farm, and the continued expansion of the transportation system to bring new wind energy from windy sites to address all industry challenges and comply with the law.

Since the push for a package of reconciliation measures in the form of Build Back Better in Washington, D.C., has been hampered by major headwinds, the industry is bracing for a shift in the landscape of production tax credits and investment tax credits – and everyone has their crystal balls at hand to anticipate. In our current trajectory, the loss of the production tax credit will undoubtedly require some adjustments and adjustments. But we feel like we`ve been here before and there`s every reason to be confident that the industry will rise to this challenge as well. Community group Save Long Beach Island on Monday accused the BOEM in federal court in Washington, D.C., of failing to produce a detailed report on the potential environmental impact of selecting 800,000 acres of New York Bay to lease to developers who would install wind turbines. Since the near introduction of the National Environmental Policy Act (NEPA), the Endangered Species Act and a number of related environmental legislation, competition for federal funding has been played out in part in the courts. Stakeholders, from environmental groups to ranchers, have raised legal challenges to the development of federal energy resources. Offshore wind farms are coming to the United States. After decades of NIMBYism and a sluggish regulatory process, two pilot projects in U.S.

waters and commercial development are now underway. On March 29, 2021, the Biden administration announced initial plans to expand offshore wind, including planned new lease sales and a target of 30 GW of offshore wind by 2030. The government has set specific targets for the Bureau of Ocean Energy Management (BOEM) to review at least 16 construction and operation plans (COP) by 2025. However, BOEM`s track record in offshore wind does not provide a high level of confidence that the office is ready to take on this challenge. The first commercial offshore wind project is still waiting for BOEM to approve its POC after years of delay and a demanding environmental review process. Commercial fishermen have currently become the strongest opposition to offshore wind development. Having worked longer off the U.S. coast than land exists, fishermen have experienced little offshore development that would conflict with their work in areas being considered for commercial offshore wind power. Fishermen fear that these wind farms will make fishing in the area more difficult, displace it for historical fishing reasons and potentially force it into conflict with other fishermen.