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Andrew handles commercial litigation involving breaches of contracts, fraud and misrepresentation, and real-property disputes for the Energy and Natural Resources industry.

The Environmental Protection Agency (“EPA”) released its most recent proposal for controlling greenhouse gas emissions produced by the oil and gas industry earlier this month. The supplemental proposal builds upon the comments received by EPA in response to its proposed emission-control rules issued under Section 111 of the Clean Air Act (“CAA”) on November 15, 2021. In particular, the supplemental proposal revises and expands the stringent emissions control program introduced one year ago for new and existing sources. The supplemental proposal, however, raises questions regarding the implementation of existing greenhouse gas reporting and fee requirements under the Inflation Reduction Act (“IRA”). 

Continue Reading Updated Methane Regulations for Oil and Gas Facilities: Key Takeaways from the EPA’s Supplemental Proposal and Request for Comments

The Bureau of Ocean and Energy Management (BOEM) revealed its intention to request Calls for Information and Nominations for a variety of Call Areas along the Central Atlantic and Oregon coasts on April 27. The Calls for Information and Nominations evidence BOEM’s continued push to advance the development of offshore wind resources. BOEM intends to officially publish the Call Areas—those portions of the Outer Continental Shelf (OCS) preliminarily identified as suitable for development—for public comment on April 29, 2022.

Continue Reading BOEM Readies Itself for Further Offshore Wind Development Along the Central Atlantic and Oregon Coasts

The Bureau of Ocean Energy Management (BOEM) announced this morning that it will offer 110,091 acres of the Outer Continental Shelf (ICS) in the Carolina Bay Area for lease this coming May.  The Carolina Bay Area lease sale follows the recent lease sale in the New York Bight and demonstrates the Bind Administration’s commitment to establishing 30 gigawatts of offshore wind production by 2030.  BOEM’s Federal Register notice may be found here.
Continue Reading BOEM Presses Forward with Offshore Wind Development in the Carolina Bay

Last week’s blog post on NEPA and renewable energy development discussed how NEPA intersects with legal challenges brought against wind and solar projects.  On March 9, 2022, concerned residents from the Town of East Hampton, New York filed suit to overturn the Bureau of Ocean Energy Management’s (BOEM) and Army Corps of Engineers’ (Corps) approval of the South Fork Wind Farm Project (South Fork Project).  In Mahoney v. Dept. of Interior, No. 2:22-cv-1305, plaintiffs allege violations of the National Environmental Policy Act, Clean Water Act, and Outer Continental Shelf Leasing Act by BOEM and the Corps.
Continue Reading Property Owners Lodge a NEPA Challenge to the South Fork Offshore Wind Farm Project

2021 witnessed a new but familiar competition among stakeholders for the use and enjoyment of the Outer Continental Shelf.  Last year, interested parties initiated five lawsuits against the first federally approved offshore wind farm, Vineyard Wind I (located off the coast of Nantucket).  And 2022 has so far continued the trend with a new challenge to the Bureau of Ocean Energy Management’s (BOEM) designation of Wind Energy Areas in the New York Bight in late January.  These legal challenges echo the arguments marshaled in numerous lawsuits across the Nation to delay or prevent oil and gas development on public lands.  Developers seeking to participate in the energy transition can learn from the experience of oil and gas development on federal lands.
Continue Reading Legal Challenges to Renewable Energy Development, and How NEPA Can Help

Last week, the Bureau of Ocean and Energy Management (BOEM) held its second of two intergovernmental stakeholder meetings to discuss offshore wind in the Gulf of Mexico.  The February 2, 2022, meeting follows BOEM’s receipt of a second round of scoping comments for a proposed environmental assessment (EA) of the Outer Continental Shelf (OCS) for offshore wind leasing.
Continue Reading BOEM Takes Another Step Toward Leasing the Outer Continental Shelf for Offshore Wind

Earlier this month, the Senate Committee on Energy and Natural Resources held hearings on the recently proposed Public Land Renewable Energy Development Act of 2019, S.2666 (“PLREDA”). Although similar to the House resolution proposed last summer, PLREDA is the most recent bi-partisan effort to promote wind, solar, and geothermal development on public lands.  Its ultimate objective is to permit at least 25 gigawatts of renewable power projects on public lands by the end of 2025.
Continue Reading Renewed commitment to renewables: Senate bill hopes to foster renewable development on public lands