Enhanced planning and permitting ‘would help US overcome offshore wind headwinds’

“None of these obstacles are insurmountable and our recommendations lean heavily on adapting existing legal and regulatory tools for this emerging clean energy industry.”   

The report, co-authored by Perkins Coie partners Don Baur and Laura Morton, calls for an integrated management approach that includes an efficient and effective planning and permitting process, evidence-based decisions, an adaptive monitoring framework as well as robust stakeholder engagement.

Recommendations in the report include the need to codify a new approach to planning and permitting, including revising BOEM processes that are now well over a decade old; leveraging Regional Ocean Partnerships and associated data portals; formalising memoranda of understandings with jurisdictional states, Tribes, and local agencies for regional co-ordination; using the White House Ocean Policy Committee as a forum to address a range of interagency challenges that affect offshore wind permitting, balancing conservation and economic benefits; and strengthening compliance measures with statutes such as the Endangered Species Act, Marine Mammal Protection Act and NEPA.

“This report outlines a series of recommendations that, if implemented, would significantly increase the effectiveness, efficiency, and regulatory certainty of US offshore wind and, in so doing, maximise both the deployment of offshore wind and the overall health and sustainability of ocean ecosystems,” said the report.

“While no single recommendation will solve the challenge, if adopted as a holistic package, significant progress towards advancing the multiple benefits promised by offshore wind will be achieved. Our recommendations can be implemented largely with a combination of administrative policy changes and regulatory updates.

“BOEM’s regulations governing the offshore wind development permitting process are essentially unchanged since early 2009, and while we recognise that updating offshore wind regulations will be a substantial undertaking when BOEM is also working to facilitate an expansion of offshore wind, it is time to act to correct flawed past assumptions about how offshore wind projects would be developed and to codify a strengthened approach to planning and permitting.

“In addition to the improvements federal agencies can make on their own, the White House Ocean Policy Committee has all the key federal ocean and coastal agencies at the table and offers a forum to address a variety of interagency challenges.

“Taken collectively, the recommendations made in this report would speed offshore wind energy towards fully realising its climate mitigation benefits with significantly less conflict, ecosystem impacts, litigation, time and resources spent.”

Responding, American Clean Power Association chief executive Heather Zichal said, “Ocean Conservancy and Perkins Coie’s report offers comprehensive recommendations for improving the US offshore wind planning and permitting system.

“ACP stands ready to work with Ocean Conservancy, other NGOs, and the Biden Administration to improve the permitting process and unlock the economic and environmental benefits the industry holds.”

The Offshore Wind Journal Conference will be held 14 June 2022. Details and tickets can be found here