December 9, 2019

December 06, 2019

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Offshore Wind Advances, BOEM Extends Comment Deadline for Vineyard Wind

On December 7, 2018, the Bureau of Ocean Energy Management (BOEM) published a Notice of Availability for the Draft Environmental Impact Statement (DEIS) for the Construction and Operations Plan (COP) submitted by Vineyard Wind, which holds a federal wind energy lease on the Outer Continental Shelf (OCS) approximately 14 miles southwest of Martha’s Vineyard. The COP proposes to develop about of half of Vineyard Wind’s approximately 167,000-acre lease with up to 100 wind turbine generators and up to two electrical platforms, which are anticipated to generate approximately 800 MW of electricity. 

BOEM prepared the DEIS to evaluate the reasonably foreseeable environmental impacts associated with the proposed project and alternatives. BOEM will incorporate the public comments and input received on the DEIS into a Final EIS, which will be used to approve, approve with modifications, or deny the proposed project. See 30 C.F.R. § 585.628. This is the first EIS BOEM has prepared for a commercial offshore wind project since the Cape Wind project in 2010, and BOEM’s authorization of Vineyard Wind’s COP would effectively green-light the nations’ first large-scale commercial offshore wind farm.

Vineyard Wind is jointly owned by Avangrid Renewables and funds of Copenhagen Infrastructure Partners. 

Due to the recent government shutdown, BOEM reopened and extended the public comment period for the Vineyard Wind DEIS. Comments are now due on or before February 22, 2019. BOEM also has rescheduled five public hearings on the Vineyard Wind DEIS. The rescheduled public hearings are as follows:

  • February 11: Nantucket, MA
  • February 12: Vineyard Haven, MA
  • February 13: Hyannis, MA
  • February 14: New Bedford, MA
  • February 15: Narragansett, RI.

Complete details regarding the COP, DEIS, public hearings, and how to submit comments are available on BOEM's website.

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About this Author

John Cossa, Environmental Attorney, Beveridge and Diamond Law Firm
Associate

John Cossa’s practice focuses on issues related to the development of energy and mineral resources on federally-managed lands. He advises clients on matters related to the leasing and development of oil and gas, wind, solar, and mineral resources both onshore and on the Outer Continental Shelf. Mr. Cossa also counsels clients on compliance with applicable operations, environmental, and safety regulations, agency notices and orders.

(202) 789-6093
Brook J. Detterman, Beveridge Diamond, Climate Change Lawyer, Liabilities Law
Associate

Brook Detterman's practice focuses on climate change, renewable energy, and environmental litigation.

Brook helps his clients to negotiate, structure, and implement transactions related to climate change and environmental commodities markets.  He regularly counsels clients during transactions under the EU ETS, California’s cap and trade program (AB 32), and other U.S. and international emissions trading programs. Brook also supports clients in the renewable energy industry, providing advice on renewable energy policies, regulations, and incentive programs and counseling clients on the environmental aspects of renewable energy projects and transactions.  Brook’s experience also includes complex environmental litigation, and he has served as litigation and appellate counsel during dozens of proceedings in state and federal courts across the country.

Brook's climate change and renewable energy experience includes:

  • Providing advice to a broad range of clients on state and federal renewable energy policies, incentives, and regulations.
  • Advising clients during the structuring and development of numerous carbon offset and renewable energy projects and transactions, including U.S. forest offset projects, hydroelectric projects under the Clean Development Mechanism, domestic landfill gas-to-energy development, and a novel trans-border carbon offset generation project involving CFC destruction.
  • Representing Native American tribes and corporations during the development of large carbon offset projects on tribal forest lands.
  • Drafting model renewable portfolio standards.
  • Developing regulatory guidance and strategy for over 30 energy companies on a wide range of environmental issues, including state and federal greenhouse gas regulations.
  • Counseling clients on carbon accounting, social cost of carbon metrics, and climate risk disclosure.

Prior to joining the firm, Brook was an associate in the environmental department of a large international law firm.

Brook served as a law clerk at the U.S. Department of Justice, Environment and Natural Resources Division, where he worked on a range of legal issues arising under federal environmental law, including CWA wetlands jurisdiction, CERCLA liability, RCRA compliance, and NEPA requirements. Brook was Associate Editor of the Lewis & Clark Law School Environmental Law Review and served on the Moot Court Honor Board.  At Dartmouth College, Brook worked as a teaching assistant in Environmental Studies Department, and as a research assistant in the Biology Department.

(781) 416-5745