Regulatory Framework.

In 2005, Congress passed the Energy Policy Act of 2005 (Pub. L. 109-58) (the EPAct), which (in relevant part) amended the Outer Continental Shelf Lands Act (43 U.S.C. §§ 1337 et seq.) to authorize the Department of Interior to issue regulations governing development of energy from offshore sources other than oil and gas. See EPAct, Sec. 388. “The Secretary of Interior delegated to the Bureau of Ocean Energy Management (BOEM) the authority to regulate activities under section 388(a) of the EPAct." 30 C.F.R. § 585.100. In 2009, BOEM first issued regulations governing activities that "[p]roduce or support production, transportation, or transmission of energy from sources other than oil and gas[.]" 30 C.F.R. § 585.100(a). BOEM implements its authority to issue offshore wind leases pursuant to these regulations in four phases, each of which is discussed briefly below. Continue reading >