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“NOAA Fisheries does not anticipate any death or serious injury to whales from offshore wind related actions.”
A group of Republican lawmakers were hoping a new report released Monday would give them fresh ammunition in their fight against offshore wind development. Instead, they got … pretty much nothing. But they’re milking it anyway.
The report in question originated with a spate of whale deaths in early 2023. Though the deaths had no known connection to the nascent industry, they fueled a GOP campaign to shut down the renewable energy revolution that was taking place up and down the East Coast. New Jersey Congressman Chris Smith joined with three of his colleagues to solicit the Government Accountability Office to launch an investigation into the impacts of offshore wind on the environment, maritime safety, military operations, commercial fishing, and other concerns.
The resulting document is more of an overview than an investigation, and its findings are far from the smoking gun Republicans were looking for. Its main message is that the government and developers should do a better job engaging with Tribes and the fishing industry. As for whales, it basically shrugs. “NOAA Fisheries does not anticipate any death or serious injury to whales from offshore wind related actions and has not recorded marine mammal deaths from offshore wind activities,” it says.
But Smith seized on other findings to declare that the report “gives credibility and vindication” to concerns he has raised about offshore wind, pointing specifically to a section about defense and radar systems. The steel in offshore wind turbines has “high electromagnetic reflectivity,” which can disrupt certain radar systems, the report says. In a short paragraph about strategies to mitigate the issue, it notes that the Department of Defense can request that certain areas be excluded from development — which it has already done — or curtail operations as needed.
Smith also highlighted a portion of the report that says “large shipping vessels may have trouble avoiding turbines in the event of a mechanical failure.” Most projects on the East Coast have proposed spacing turbines at least 1 nautical mile apart, but shipping vessels may need up to 2 nautical miles in the event they need to make a sharp turn. The report doesn’t make any specific recommendations, but notes that the BOEM can prohibit construction within a certain distance of shipping lanes and require developers to create a “lighting, marking, and signaling plan” to improve safety.
Smith recently joined anti-offshore wind activists calling on the government to halt work on Empire Wind 1, an offshore wind farm off the coast of New York and New Jersey developed by Equinor that started construction this month. In a letter to Secretary of the Interior Doug Burgum, he wrote that the environmental review process under the Biden administration “was completely inadequate,” and that the Empire Wind project could thus be “catastrophic.”
The GAO report finds little fault in the previous administration’s environmental review process. It does, however, identify “gaps in Interior’s oversight of development.” For example, the BOEM has been inconsistent in the way it consults with Tribes to identify areas for wind development, as well as in how it considers or addresses the concerns Tribes raise. Part of the problem, per the report, is that Tribes have limited capacity to review documents and engage with the agency, and that government grants meant to address this gap are inaccessible because they require the Tribes to cover some of the costs. The report also finds that while the agency has taken steps to incorporate the fishing industry’s concerns into developing new lease areas, it hasn’t adequately communicated those steps to the industry. In addition, while the agency has called for a compensation mechanism to reimburse fishing companies for losses related to offshore wind, it has not yet established one.
The five recommendations the GAO makes in light of its findings are all related to boosting agency capacity for engagement and information sharing. Far from building up the office, however, the Trump administration has laid off more than 2,000 interior department employees, including eight of the roughly 80 staffers who worked on planning and permitting offshore wind.
Smith is taking the report’s findings — including a note that there are still unknowns about offshore wind’s impacts — as proof that development should be shut down. “Ocean wind energy development is an egregiously flawed and dangerous initiative and must be stopped,” he said in a press release Monday.
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A judge has lifted the administration’s stop-work order against Revolution Wind.
A federal court has lifted the Trump administration’s order to halt construction on the Revolution Wind farm off the coast of New England. The decision marks the renewables industry’s first major legal victory against a federal war on offshore wind.
The Interior Department ordered Orsted — the Danish company developing Revolution Wind — to halt construction of Revolution Wind on August 22, asserting in a one-page letter that it was “seeking to address concerns related to the protection of national security interests of the United States and prevention of interference with reasonable uses of the exclusive economic zone, the high seas, and the territorial seas.”
In a two-page ruling issued Monday, U.S. District Judge Royce Lamberth found that Orsted would presumably win its legal challenge against the stop work order, and that the company is “likely to suffer irreparable harm in the absence of an injunction,” which led him to lift the dictate from the Trump administration.
Orsted previously claimed in legal filings that delays from the stop work order could put the entire project in jeopardy by pushing its timeline beyond the terms of existing power purchase agreements, and that the company installing cable for the project only had a few months left to work on Revolution Wind before it had to move onto other client obligations through mid-2028. The company has also argued that the Trump administration is deliberately mischaracterizing discussions between the federal government and the company that took place before the project was fully approved.
It’s still unclear at this moment whether the Trump administration will appeal the decision. We’re still waiting on the outcome of a separate legal challenge brought by Democrat-controlled states against Trump’s anti-wind Day One executive order.
A new letter sent Friday asks for reams of documentation on developers’ compliance with the Bald and Golden Eagle Protection Act.
The Fish and Wildlife Service is sending letters to wind developers across the U.S. asking for volumes of records about eagle deaths, indicating an imminent crackdown on wind farms in the name of bird protection laws.
The Service on Friday sent developers a request for records related to their permits under the Bald and Golden Eagle Protection Act, which compels companies to obtain permission for “incidental take,” i.e. the documented disturbance of eagle species protected under the statute, whether said disturbance happens by accident or by happenstance due to the migration of the species. Developers who received the letter — a copy of which was reviewed by Heatmap — must provide a laundry list of documents to the Service within 30 days, including “information collected on each dead or injured eagle discovered.” The Service did not immediately respond to a request for comment.
These letters represent the rapid execution of an announcement made just a week ago by Interior Secretary Doug Burgum, who released a memo directing department staff to increase enforcement of the Bald and Golden Eagle Protection Act “to ensure that our national bird is not sacrificed for unreliable wind facilities.” The memo stated that all permitted wind facilities would receive records requests related to the eagle law by August 11 — so, based on what we’ve now seen and confirmed, they’re definitely doing that.
There’s cause for wind developers, renewables advocates, and climate activists to be alarmed here given the expanding horizon of enforcement of wildlife statutes, which have become a weapon for the administration against zero-carbon energy generation.
The August 4 memo directed the Service to refer “violations” of the Bald and Golden Eagle Protection Act to the agency solicitor’s office, with potential further referral to the Justice Department for criminal or civil charges. Violating this particular law can result in a fine of at least $100,000 per infraction, a year in prison, or both, and penalties increase if a company, organization, or individual breaks the law more than once. It’s worth noting at this point that according to FWS’s data, oil pits historically kill far more birds per year than wind turbines.
In a statement to Heatmap News, the American Clean Power Association defended the existing federal framework around protecting eagles from wind turbines, noted the nation’s bald eagle population has risen significantly overall in the past two decades, and claimed golden eagle populations are “stable, at the same time wind energy has been growing.”
“This is clear evidence that strong protections and reasonable permitting rules work. Wind and eagles are successfully co-existing,” ACP spokesperson Jason Ryan said.
The $7 billion program had been the only part of the Greenhouse Gas Reduction Fund not targeted for elimination by the Trump administration.
The Environmental Protection Agency plans to cancel grants awarded from the $7 billion Solar for All program, the final surviving grants from the Greenhouse Gas Reduction Fund, by the end of this week, The New York Times is reporting. Two sources also told the same to Heatmap.
Solar for All awarded funds to 60 nonprofits, tribes, state energy offices, and municipalities to deliver the benefits of solar energy — namely, utility bill savings — to low-income communities. Some of the programs are focused on rooftop solar, while others are building community solar, which enable residents that don’t own their homes to access cheaper power.
The EPA is drafting termination letters to all 60 grantees, the Times reported. An EPA spokesperson equivocated in response to emailed questions from Heatmap about the fate of the program. “With the passage of the One Big Beautiful Bill, EPA is working to ensure Congressional intent is fully implemented in accordance with the law,” the person said.
Although Solar for All was one of the programs affected by the Trump administration’s initial freeze on Inflation Reduction Act funding, EPA had resumed processing payments for recipients after a federal judge placed an injunction on the pause. But in mid-March, the EPA Office of the Inspector General announced its intent to audit Solar for All. The results of that audit have not yet been published.
The Solar for All grants are a subset of the $27 billion Greenhouse Gas Reduction Fund, most of which had been designated to set up a series of green lending programs. In March, Administrator Lee Zeldin accused the program of fraud, waste, and abuse — the so-called “gold bar” scandal — and attempted to claw back all $20 billion. Recipients of that funding are fighting the termination in an ongoing court case.
State attorneys generals are likely to challenge the Solar for All terminations in court, should they go through, a source familiar with the state programs told me.
All $7 billion under the program has been obligated to grantees, but the money is not yet fully out the door, as recipients must request reimbursements from the EPA as they spend down their grants. Very little has been spent so far, as many grantees opted to use the first year of the five-year program as a planning period.