Public Lands Clips: March 21, 2024

 

 

Catch Up Quick: Offshore Wind, Guyana, EVs — “HOUSTON — Senior Biden aide John Podesta said a White House target of 30 gigawatts of U.S. offshore wind capacity by 2030 remains within reach, Ben writes. Why it matters: His cautious optimism comes despite economic and supply chain problems that have delayed or killed some projects, greatly imperiling the target. The big picture: ‘We think that we can still meet that,’ he told reporters at CERAWeek, citing his discussions here with companies investing in offshore wind.” [Axios, 3/19/24 (=)]

 

 

 

House

 

Republicans Question Offshore Wind’s Reliability, Impacts — “House Natural Resources Republicans harangued an Interior Department official Wednesday over whether offshore wind is a reliable source of energy off the nation’s coasts. One of several hearings on the House GOP’s ‘energy week’ agenda, the Energy and Mineral Resources Subcommittee meeting explored a wide range of complaints about the Biden administration’s push for offshore wind power — and that industry’s environmental impacts — while also lambasting the White House for not understanding the importance of fossil fuel development offshore. ‘If we have 40 to 50 percent of the time that we can rely upon [offshore wind] energy, some quick math tells us that that means 50 percent of the time, we cannot rely on that energy,’ Rep. Matt Rosendale (R-Mont.) told Bureau of Ocean Energy Management Deputy Director Walter Cruickshank in a tense exchange. Cruikshank said, ‘I am not concerned. Offshore wind has a long track record globally. It’s been producing energy for over 30 years and been doing so successfully.’” [E&E News, 3/21/24 (=)]

 

BLM, Forest Service Officials Pan Public Land, Monument Bills — “Two senior Biden administration officials pushed back Wednesday against a suite of Republican-led bills that would restrict the president’s authority to designate national monuments and the federal government’s ability to manage public lands for conservation. Nada Wolff Culver, the Bureau of Land Management’s principal deputy director, and Chris French, the Forest Service’s deputy chief, both testified at a House hearing that their agencies oppose H.R. 5499, sponsored by Rep. Mariannette Miller-Meeks (R-Iowa), which would amend the Antiquities Act of 1906 to require congressional approval of presidential monument designations. Wolff Culver also testified that BLM is opposed to two bills that would block proposed BLM land-use plan updates in Wyoming and Colorado. Miller-Meeks argued during the Natural Resources Subcommittee on Federal Lands hearing that the Antiquities Act has not been updated in more than a century and that presidents from both political parties have abused the intent of the law, which she noted ‘requires that all designations be confined to the smallest areas compatible with proper care and management of the objects to be protected.’” [E&E News, 3/21/24 (=)]

 

Panel Clears Coast Guard Bill With Offshore Energy Language — “The House Transportation and Infrastructure Committee approved Coast Guard legislation that revives bipartisan language opposed by offshore energy boosters. During a markup Wednesday, lawmakers sparred about a manning and crewing provision in the latest ‘Coast Guard Authorization Act.’ The same dispute surfaced during previous authorization debates. The bill aims to close what critics call a loophole regarding foreign crews and companies. Rep. John Garamendi (D-Calif.) said offshore energy vessels can employ foreign workers who are not required to get the same certification levels as American workers. ‘It is a loophole that is dangerous,’ Garamendi said. ‘It is a situation that creates a national security risk.’ Rep. Jake Auchincloss (D-Mass.) expressed concern the provision would ‘decimate’ offshore wind efforts, which have been under stress. Even though Auchincloss has for years been one of the language’s most vocal opponents because of wind, Rep. Scott Perry (R-Pa.) expressed concern about oil and gas.” [E&E News, 3/21/24 (=)]

 

 

 

Supreme Court Grills US Over Rio Grande Deal Objections — “The Supreme Court on Wednesday questioned the federal government’s bid to reject a settlement between three Western states over how to account for water use in the Rio Grande. During oral arguments, many of the justices appeared skeptical that the high court, which has exclusive jurisdiction in disputes between states, was the right place to resolve the Biden administration’s objections to the states’ deal. ‘You’re not a party in the sense that you have some interest here other than in administering the compact,’ said Justice Neil Gorsuch. ‘At the end of the day, it’s a compact between states that we’re adjudicating here.’ At issue in the case, Texas v. New Mexico and Colorado, are the Biden administration’s questions about an agreement between the three states that is designed to settle their decades long battle over the river. For years, downstream Texas has accused New Mexico of shorting the Lone Star State of its full claim to the river’s waters, which are designated under a 1938 compact. In response, Texas, New Mexico and Colorado last summer unveiled a deal that would set up a new reporting system to ensure that enough Rio Grande water flows into Texas.” [E&E News, 3/20/24 (=)]

 

Conservation Group Sues Feds Over Joshua Tree Protections — “A conservation group is suing the Fish and Wildlife Service for the second time in the past five years about the agency’s decision not to protect Joshua trees under the Endangered Species Act. WildEarth Guardians filed the federal lawsuit Wednesday in the U.S. District Court for the Central District of California after FWS last year repeated its 2019 conclusion that ESA listing of two Joshua tree species was ‘not warranted.’ WildEarth Guardians is asking the court to order FWS to reanalyze the desert succulent plant, citing that agency’s March 2023 decision as evidence that it will continue to ‘irrationally’ deny both species of Joshua trees the federal protection they need to avoid extinction, according to the legal complaint. The group says the trees, found in the Mojave Desert and a few other areas, are increasingly vulnerable because of climate change, more frequent wildfires and habitat loss.” [E&E News, 3/20/24 (=)]

 

Op-Ed: The President Shouldn’t Be Able To Seize Land Unilaterally — According to Travis Joseph, “On March 22, the Supreme Court will consider acting on a constitutional challenge to what is among the most misunderstood and abused federal land statutes: the Antiquities Act of 1906. If the Supreme Court does not act on American Forest Resource Council v. United States of America, it will green-light a vast expansion of executive power over all federal lands, waters, and natural resources, ultimately putting their fate in the hands of one person: the president. Passed during President Theodore Roosevelt’s second term, the Antiquities Act gave presidents authority to declare ‘historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments . . . which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected.’” [National Review, 3/20/24 (-)]

 

 

 

Alaska

 

ConocoPhillps’ Willow Project To Reach First Production In “Four More Winters;” Expects Modest Permian Growth — “During CERAWeek by S&P Global’s second day, ConocoPhillips’ CEO Ryan Lance announced that his firm’s highly-anticipated Willow project in Alaska is making developmental headway. Sitting down with S&P Global’s Dan Yergin, Lance also discussed Biden’s controversial LNG export ban, the U.S.’ unprecedented production growth in 2023, the role of artificial intelligence, and regulatory issues plaguing the U.S. oil and gas industry. ‘Four more winters’ until first Willow production. This time last year, CERAWeek attendees were anxious to hear about the fate of ConocoPhillips’ massive Willow project in Alaska. The project, which is expected to reach production levels of 180,000 bopd at its peak, received regulatory approval in December 2023. Lance was happy to share that the company is making swift progress developing the facility. Lance predicted that first production from its Willow development will occur in ‘four more winters.’ The CEO applauded the project as an important boost for Alaska’s economy, creating many jobs and enhancing U.S. energy security.” [Semafor, 3/19/24 (=)]

 

Willow Has About ‘Four More Winters’ Until Production, Conocophillips Chief Says — “US major ConocoPhillips’ Willow project in Alaska’s North Slope is underway and is on course to produce first oil in about four to five years, according to chief executive Ryan Lance. Speaking at the CERAWeek by S&P Global event in Houston, Lance said the company mobilised about 1000 personnel for the project ahead of the winter season. Work in progress includes building ice roads, laying gravel and installing pipeline supports. ‘We’re in a path where it’d be four more winters of construction to get the facility up and started. We’re full steam ahead,’ Lance said.” [Upstream, 3/20/24 (=)]

 

Court Orders Partial Redo Of Rule On Potential Harm To Polar Bears — “A divided appeals court Tuesday ordered the Fish and Wildlife Service to revisit part of its assessment of how Arctic oil drilling could harm or kill Beaufort Sea polar bears but did not stop work from going forward on Alaska’s North Slope. While rejecting some environmentalist claims, two members of the three-judge panel of the 9th U.S. Circuit Court of Appeals found flaws in the federal agency’s ‘incidental take regulation’ issued in 2021. In that rule, FWS determined that there would be only minimal unintentional consequences for the polar bear from drilling and related operations. Under the Marine Mammal Protection Act, the most serious form of unintentional ‘take’ of a polar bear is ranked as ‘Level A.’ FWS, in turn, divided this into ‘serious Level A’ take, meaning the death of a polar bear, and ‘non-serious Level A harassment.’ The appeals court concluded FWS got this part of the assessment wrong.” [E&E News, 3/20/24 (=)]

 

California

 

California Tribe That Lost 90% Of Land During Gold Rush To Get Site To Serve As Gateway To Redwoods — “California’s Yurok Tribe, which had 90% of its territory taken from it during the Gold Rush of the mid-1800s, will be getting a slice of its land back to serve as a new gateway to Redwood National and State Parks visited by 1 million people a year. The Yurok will be the first Native people to manage tribal land with the National Park Service under a historic memorandum of understanding signed Tuesday by the tribe, Redwood National and State Parks and the nonprofit Save the Redwoods League. The agreement ‘starts the process of changing the narrative about how, by whom and for whom we steward natural lands,’ Sam Hodder, president and CEO of Save the Redwoods League, said in a statement. The tribe will take ownership in 2026 of 125 acres (50 hectares) near the tiny Northern California community of Orick in Humboldt County after restoration of a local tributary, Prairie Creek, is complete under the deal. The site will introduce visitors to Yurok customs, culture and history, the tribe said.” [Associated Press, 3/20/24 (+)]

 

California Tribe Recovers Land To Serve As Gateway To Redwoods Park — “California’s Yurok Tribe, which had 90 percent of its territory taken from it during the Gold Rush of the mid-1800s, will be getting a slice of its land back to serve as a new gateway to Redwood National and State Parks visited by 1 million people a year. The Yurok will be the first Native people to manage tribal land with the National Park Service under a historic memorandum of understanding signed Tuesday by the tribe, Redwood National and State Parks and the nonprofit Save the Redwoods League. The agreement ‘starts the process of changing the narrative about how, by whom and for whom we steward natural lands,’ Sam Hodder, president and CEO of Save the Redwoods League, said in a statement. The tribe will take ownership in 2026 of 125 acres near the tiny Northern California community of Orick in Humboldt County after restoration of a local tributary, Prairie Creek, is complete under the deal. The site will introduce visitors to Yurok customs, culture and history, the tribe said.” [E&E News, 3/20/24 (+)]

 

Colorado

 

Op-Ed: We Must Work Across Party Lines To Steward Our Public Lands — According to David Willms, “Public lands provide clean drinking water for tens of millions of Americans, and the water necessary to grow 90% of our country’s winter vegetables. They contribute profoundly to a $1.1 trillion outdoor recreation economy by offering some of the planet’s most iconic landscapes on which to camp, hike, hunt, fish, and photograph. They hold abundant wildlife with some of the longest migration routes in the country. They also provide many of the raw materials we need for our society to thrive. Managing public lands has always required striking a balance between conservation and its other multiple uses. This balancing act involves a recognition that some places should never be developed, and in places where development does occur, it should be done in a way that both minimizes ecological impact and maximizes public economic benefit. However, as we speak, Congress is considering a host of bills that, if passed, could tip the balance of public land management decidedly away from responsible stewardship and the wishes of the American taxpayer. Recent findings from Colorado College’s Conservation in the West poll illuminate the overwhelming support for the conservation and responsible management of our public lands, and why we must resist efforts to undercut the will of the people.” [Grand Junction Daily Sentinel, 3/19/24 (+)]

 

Florida

 

Florida Proposes $122M To Buy Land, Then Lease It Back For Agriculture — “Florida environmental officials are proposing that the state spend $122 million for 25,000 acres of agricultural land in southwestern Florida — and then lease it back to the landowners for free. The governor and Cabinet on March 26 will consider the proposal and four other conservation purchases totaling $219 million. The southwest Florida deal would use a lease-back provision created by the Legislature in 2023 for a portion of a 75,000-acre project championed by state Senate President Kathleen Passidomo (R). Lawmakers revealed budget-implementing bill language toward the end of the legislative session that required land deals within the Caloosahatchee Big Cypress Corridor project to include lease-back offers. The state would buy the 25,039 acres from companies with ties to Tarpon Blue and the Collier family, which owns vast citrus and grazing lands in southwestern Florida.” [E&E News, 3/20/24 (=)]

 

Virginia

 

Lawsuit To Stop Virginia Beach Offshore Wind Farm Claims Project Is A Danger To Whales — “Several groups have filed a lawsuit against federal entities to overturn the approval of a massive wind turbine project off the shore of Virginia Beach, claiming it is a hazard for endangered North Atlantic right whales. The lawsuit filed by The Heartland Institute, the Committee for a Constructive Tomorrow and the National Legal and Policy Center names the United States Department of Interior, the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Services, among others. It claims the federal government is on an ‘aggressive’ campaign of developing offshore wind off the Atlantic coast, and the locations of the projects being in right whale habitat poses a major risk for injury or death of the animals. The coalition said in a statement that the lawsuit is to stop Dominion Energy’s plans to start construction on May 1 in order to protect the North Atlantic right whales. North Atlantic right whale populations have dwindled due to an ‘unusual mortality event,’ according to scientists. The National Oceanic and Atmospheric Administration and other groups attribute many of the deaths to vessel strikes and entanglement.” [The Virginian-Pilot, 3/20/24 (=)]

 

 

 

Gulf of Mexico

 

Interior Proposes Second Offshore Wind Sale In Gulf Of Mexico — “The Interior Department on Wednesday proposed an offshore wind auction in the Gulf of Mexico, one of four such sales it plans to hold this year to spur expansion of the nascent industry around the U.S. The auction, which does not yet have a date announced, would offer four areas off the coast of Louisiana and Texas to wind developers. Totaling more than 400,000 acres, the wind areas could support enough wind energy to power 1.2 million homes. This would be the second time the Biden administration has opened the Gulf of Mexico to offshore wind developers. A disappointing auction in the Gulf last year sold only one lease, underscoring the middling interest in building wind farms in the region, where wind gusts aren’t very powerful and electricity is already cheap from prolific oil and gas production. Roughly 15 percent of the nation’s oil supply comes from the Gulf. Still, the Biden administration is trying to entrench offshore wind development rights in several regions of the country, chasing a goal to reach 30 gigawatts of offshore wind power by the end of the decade.” [E&E News, 3/20/24 (=)]

 

Fox News | Local Fishermen Slam Biden Administration’s Newly Unveiled Plans To Industrialize Gulf Of Maine — “A group of fishing associations is sounding the alarm about new plans from the Biden administration to industrialize the Gulf of Maine by leasing 2 million acres of area for wind farm construction, a move that fishermen say will be detrimental to their business and marine life. Last week, the Bureau of Ocean Energy Management (BOEM), an agency within the Department of Interior, announced the finalization of what is known as a wind energy area (WEA), which is an area of the ocean that would allot for construction of enough wind turbines to produce 32 gigawatts (GW) of energy. The agency boasted that, in support of the Biden administration’s goals for deploying 30 GW of offshore wind energy capacity by 2030 and 15 GW of floating offshore wind energy capacity by 2035, the Gulf of Maine WEA surpasses the current state goals for offshore wind energy in the Gulf of Maine, which is 10 GW for Massachusetts and 3 GW for Maine.” [Yahoo! News, 3/21/24 (=)]

 

Biden Administration Plans Second Offshore Wind Sale In Gulf Of Mexico — “The Biden Administration has announced plans for a second offshore wind lease sale in the Gulf of Mexico after a first sale which, despite its historic significance, earned only a small fraction of the funds raised during previous sales along the eastern seaboard and California coasts. The proposed lease sale, announced on Wednesday by the Department of the Interior, is planned to include four areas offshore Louisiana and Texas, totaling 410,060 acres which have the potential to power 1.2 million homes at peak capacity. Billed as a historic move for renewable offshore wind development in the energy-rich Gulf of Mexico, last August’s lease auction—taking place during a challenging period for the industry with rising costs, interest rates, and supply chain challenges—concluded with only a single high bid of $5.6 million for the rights to a 100,000-acre area off Louisiana’s coast. Meanwhile, two other lease areas offered off Texas received no bids.” [gCaptain, 3/20/24 (=)]

 

BOEM Moves Ahead On New GOM Offshore Wind Lease Sale — “Despite the tepid response to its first Gulf of Mexico offshore wind lease auction, the U.S. Department of the Interior today announced its proposal for a second GoM offshore wind lease sale The proposed lease sale includes four areas offshore Louisiana and Texas, totaling 410,060 acres, which have the potential to power 1.2 million homes. Three of the new areas are off the coast of Texas, and one is off the coast of Louisiana. The first GoM offshore wind lease sale, in August last year, produced only one winning bid. RWE Offshore US Gulf, LLC was the winner of the Lake Charles Lease Area, off Louisiana, with a high bid of just $5.6 million, a fraction of the billion-dollar bids for East Coast offshore wind leases in the Atlantic Ocean. There were no bids at all for the two lease areas off Texas.” [Marine Log, 3/21/24 (=)]

 

Interior Department Proposes Second Gulf Of Mexico Offshore Sale — “The Department of the Interior has proposed a second offshore wind energy auction in the Gulf of Mexico, with the possible lease site including four areas offshore Louisiana and Texas, totaling 410,060 acres. With the proposed sale, Bureau of Ocean Energy Management (BOEM) is seeking feedback on various aspects of the proposed lease areas, including size, orientation and location of the lease areas. BOEM is also seeking comment on potential lease revisions to include the production of hydrogen or other energy products using wind turbine generators on the lease. Proposed bidding credits include funding for fisheries compensatory mitigation and workforce development. The bureau is proposing to conduct simultaneous auctions for each of the four lease areas using multiple-factor bidding.” [North American Windpower, 3/20/24 (=)]

 

US To Hold Second Gulf Of Mexico Offshore Wind Lease Sale — “On 20 March, the DOI and the Bureau of Ocean Energy Management (BOEM) will publish the proposed sale notice (PSN) in the Federal Register today, 21 March, and open a 60-day public comment period, during which BOEM aims to get feedback on various aspects of the proposed lease areas, including size, orientation, and location of the four lease areas. The comment period also provides an opportunity to provide input on which areas, if any, should be prioritised for inclusion or exclusion from the lease sale. BOEM is also seeking comments on potential lease revisions to include the production of hydrogen or other energy products using wind turbines on the lease, the federal agency said. As for the lease sale design itself, BOEM plans to conduct simultaneous auctions for each of the four areas using multiple-factor bidding and will use new auction software for enhanced efficiency. Adjustments to auction rules used in previous offshore wind lease auctions will be minor, according to the agency.” [Offshore Wind, 3/21/24 (=)]

 

Another GOM Wind Sale In The Works — “The Interior Department is taking another step toward holding an offshore wind lease sale in the Gulf of Mexico, despite lackluster interest in its first lease sale last year. The department on Wednesday announced its proposal for a second sale that includes four areas offshore Louisiana and Texas, totaling more than 410,000 acres and with enough potential to power 1.2 million homes. BOEM is now seeking feedback on the proposed lease areas, including on size, orientation and location, and whether any areas should be prioritized for inclusion or exclusion.” [Politico, 3/21/24 (=)]

 

US To Launch Second Gulf Of Mexico Offshore Wind Leasing Round For 5GW — “US offshore energy regulator Bureau of Ocean Energy Management (BOEM) today (Wednesday) proposed a second offshore wind auction in the Gulf of Mexico covering 410,060 acres (1,659.4 km2) in four wind energy areas (WEAs) set last year off the US Gulf states of Louisiana and Texas. The WEAs hold about 4.9GW of capacity, based on BOEM’s conservative estimate of 3MW per square kilometre.” [Recharge, 3/20/24 (=)]

 

Western Water

 

U.S. Supreme Court Questions Both Positions In Rio Grande Water Case — “The nation’s highest court will decide what’s next for a 10-year-old case over Rio Grande water. On Wednesday, attorneys for Texas and New Mexico came to the defense of a proposed deal allocating Rio Grande water between the states against federal opposition to the agreement at the U.S. Supreme Court. Justices scrutinized both sides in a case that weighs issues of state sovereignty and the federal government’s role in managing water in the Southwest. A decision on the case could come in the summer. If the court rules in favor of the states, it could change historic water agreements and show some resolve between Texas and New Mexico in long-standing disputes over the river’s resources. Climate change is ratcheting up the pressure for rivers and people who rely on them across the Southwest. New Mexico, which relies on snow-fed rivers and groundwater, is particularly vulnerable with scientists estimating the state could lose between 25% to 30% of its water supply by 2040.” [Source NM, 3/20/24 (=)]

 

Texas, New Mexico Spar With US Government In Supreme Court Over Rio Grande Water Divisions — “Texas and New Mexico faced off with the U.S. government in the nation’s highest court on Wednesday in the latest chapter of a decade-long dispute over the way water from the dwindling Rio Grande river is divided. The Supreme Court was hearing oral arguments as to whether a deal forged by those two states, as well as Colorado, could be approved without the input of the federal government. While New Mexico and Texas have resolved past discrepancies over how the former delivers water to the latter, the U.S. maintains that their proposed agreement on the matter is both incompatible with a historic compact and would obligate the federal government to actions that it hasn’t had the chance to approve.” [The Hill, 3/20/24 (=)]

 

AP | Feds Propose Air Tour Limits For Lake Mead National Recreation Area — “Federal authorities are proposing an air tour management plan for the Lake Mead National Recreation Area in southeastern Nevada and northwestern Arizona. The National Park Service and Federal Aviation Administration announced Tuesday that the voluntary agreement would guide the two agencies in the management of commercial air tours over the recreation area that spans about 1.5 million acres. They say the plan would establish operating parameters to protect the area’s resources without compromising aviation safety. The plan was developed after talks involving the FAA, park service, seven air tour operators and dozens of Native American tribes. A 30-day public review period on the proposed agreement is scheduled to begin Wednesday. The area surrounding Lake Mead has been protected as a bird refuge since 1933. It has nine designated wilderness areas along with 900 plant species, 500 animal species and nearly 1,400 archaeological sites.” [E&E News, 3/20/24 (=)]

 

 

 

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