The Secretary of the Interior’s (DOI) abrupt cessation of all leases for major offshore wind generation facilities under construction is legally indefensible and raises significant conflicts of interest issues, according to a letter Public Employees for Environmental Responsibility (PEER) sent to congressional committees today.
Last week, Interior Department Secretary Doug Burgum announced that the administration was “pausing — effective immediately — leases for all large-scale offshore wind projects under construction in the United States” pending a national security review of the projects. This guidance was in the form of five proactive “orders” for five separate offshore wind projects issued by the Bureau of Ocean Energy Management (BOEM), an agency under the DOI.
In its letter to the chairs and members of the Senate Energy and Natural Resources Committee and the House Natural Resources Committee, PEER says the Congressional Review Act (CRA) states that agency action of this type must be submitted to Congress before it can take effect. Moreover, PEER holds that Burgum’s actions are a “major rule” that cannot go into effect under the CRA for at least 60 days, during which time Congress can move to block them.
“Burgum’s move is designed to bypass all public and congressional input,” said PEER Executive Director Tim Whitehouse, a former senior attorney at the U.S. Environmental Protection Agency. Whitehouse noted the irony of Republicans using the CRA to overturn Biden administration administrative actions on offshore oil and gas drilling that they contend were not properly reported under the CRA while Burgum seeks to evade CRA review to stop offshore wind.
In addition, PEER raises concerns about conflicts of interest over recent investments made by Matthew Giaccona, acting director of BOEM, in a US natural gas fund, which is likely to benefit from declining offshore wind generation. BOEM issues permits for offshore wind projects.
“Burgum’s actions on offshore wind appear to be driven by the personal financial interests of those in the administration, not our collective national interests,” Whitehouse added. “This is another misguided step in turning the federal government into a concession to the fossil fuel industry.”
“On public lands across the United States, the Department of the Interior has tens of thousands of additional active leases related to oil and gas production, wind, solar, geothermal energy, and mining for energy-related minerals,” Whitehouse said. “If last week’s actions are allowed, future presidents will have unchecked power under the guise of national security to target federal leases related to entire unfavorable energy industries for political purposes.”
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