December 15, 2020 — Vineyard Wind’s request for “a temporary pause” in the federal review of its 800-megawatt offshore wind energy project triggered an announcement from the Department of Interior that it must restart its entire permit application process.
In a flurry of activity by the outgoing Trump administration, the head of the Interior Department’s legal staff, solicitor Daniel H. Jorjani on Tuesday issued new guidance stressing that if Interior Secretary David Bernhardt “determines that either fishing or vessel transit constitute ‘reasonable uses…of the exclusive economic zone, the high seas and the territorial sea,’ the Secretary has a duty to prevent interference with that use.”
The 16-page memo asserts the secretary of Interior should determine “what is unreasonable” interference from offshore wind turbines “based on the perspective of the fishing user.” It’s a victory for commercial fishing advocates including the Responsible Offshore Development Alliance and Fisheries Survival Fund, who went directly to Bernhardt in July with complaints their concerns are not adequately addressed by the Bureau of Ocean Energy.
The agency had been poised to issue a record of decision Jan. 15 that would allow Vineyard Wind to proceed toward construction – a timeline that now could stretch out another 18 months, unless a Biden administration very supportive of wind energy steps in.
Even if the next administration reverses course, recent events are a big win for fishermen, said Annie Hawkins, executive director of RODA.
Even if Biden were to issue an executive order on Vineyard Wind “to get in back in the queue,” the developers at minimum would need to republish their revised plan for review and comment under the National Environmental Policy Act, said Hawkins.
The new legal guidance could likewise be amended by new lawyers, “but that’s still on the record” and will keep fishermen’s concerns elevated in future review of Vineyard Wind and other offshore wind projects, she said.
“I do think the memo fundamentally changes the balance of power,” said Hawkins.
Outwardly developers of the lease off southern New England are expressing confidence the process will move forward.
“We have received acknowledgement from BOEM of the temporary withdrawal of our COP, as we requested, and we look forward to working together again after we notify the agency to resume its review” of a revised construction and operations plan, according to a statement from Vineyard Wind.
“Over the past three years, this project has been through an extremely rigorous process and we believe the agency can promptly restart the process. As we’ve said at the time we made this initial decision, a short delay now still allows us to deliver the project on the appropriate timeline, with financial close in the second half of 2021 and power coming onto the grid in 2023.
“We continue to progress on our due diligence efforts and we intend to notify the BOEM in several weeks when it can resume and complete its review of the COP.”