Despite the uncertainty surrounding the immediate future of the U.S. offshore wind industry after the re-election of Donald Trump, industry participants including the Bureau of Ocean Energy Management (“BOEM”) are cautiously moving forward with development activities.
Continue Reading BOEM Announces Comment Period on California Offshore Wind Programmatic Environmental Impact Statement

The offshore wind space in the U.S. is set for a period of uncertainty following the re-election of Donald J. Trump on November 5th. While there is still a lack of clarity around his future plans and potential outcomes, Trump’s rhetoric on the campaign trail and, importantly, actions undertaken during his previous administration, suggest that development in the space could be headed for a slowdown due to executive action, instability due to the threat of such action, or both.
Continue Reading Offshore Wind in the Second Trump Administration

On October 29, the Bureau of Ocean Energy Management (BOEM) held an auction for offshore wind areas in the Gulf of Maine. Although BOEM leased an offshore wind area in the Gulf of Maine for a research installation last August, the October auction was the first commercial offshore wind lease sale in the region. Of eight available areas, four were bid on and awarded. The areas in the Gulf of Maine are expected to require floating technology, a first for the east coast.
Continue Reading First Commercial Offshore Wind Lease Sale in the Gulf of Maine Completed

During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties involved in construction contracts.
Continue Reading Dispute Resolution Considerations in Construction Contracts

On August 14, the Bureau of Ocean Energy Management (BOEM) held an auction for two offshore wind areas in the Central Atlantic off the coasts of Delaware, Maryland and Virginia. While seventeen companies were qualified to bid on the areas in the Final Sale Notice, only six companies made bids during the auction, continuing a recent trend of considerably fewer bidders than qualified entities in offshore auctions. After seven rounds of bidding, both areas were awarded for a total of $92.6M.
Continue Reading Central Atlantic Auction – Key Takeaways and Next Steps

Hydrogen is increasingly vital in the global energy transition.
Continue Reading Green Hydrogen in the US: Insights from Sheppard Mullin’s Energy Team

In line with the goals set forth in the Federal Government’s Federal Sustainability Plan, the General Services Administration (“GSA”) recently issued a Request for Information (“RFI”) stating its intent to acquire approximately 2,700,000 MWh of carbon pollution-free (“CFE”)[1] retail electricity supply annually for a term of up to 10 years in the PJM Interconnection/Regional Transmission Operator (“PJM/RTO”)[2] region. The RFI sought information from companies capable of providing CFE, including Bundled CFE[3], to Federal Government agencies and facilities in the PJM region. The RFI noted that a solicitation could be released in the next couple of months and…
Continue Reading 6 Key Considerations for Selling Carbon Pollution-Free Electricity to the Federal Government

With the recent Gulf Auction falling short of expectations and projects on the East Coast faltering, many have adopted a bearish stance on the U.S. offshore wind sector. However, California recently passed two new bills to support the state’s burgeoning offshore wind industry: the Offshore Wind Advancement Act (AB 3) and the California Offshore Wind Expediting Act (SB 286). These bills, which take effect January 1, 2024, have the potential to significantly impact offshore wind development in California.
Continue Reading New Bills Advance California’s Offshore Wind Strategy

While 2022 saw record commitments to renewable generation by commercial and industrial customers in the U.S., agreements with C&I customers in 2023 were affected by federal investigations into tariff avoidance, storm responses, supply chain disruptions and importation issues. Nonetheless, the outlook for growth remains promising for 2024, as corporate purchasers continue to drive the U.S. renewable markets.
Continue Reading Beyond Borders: Global Corporate PPA Outlook

On October 7, 2023, California Governor Gavin Newsom signed into law two sweeping climate disclosure bills, Senate Bill 253 (“SB 253”), the Climate Corporate Data Accountability Act, and Senate Bill 261 (“SB 261”), the Climate-Related Risk Act. Taken together, SB 253 and SB 261 overlap the U.S. Securities and Exchange Commission’s proposed climate disclosure rule (the “SEC Proposed Rule”), and expand upon it in several significant ways. The SEC Proposed Rule addresses both greenhouse gas (“GHG”) emissions and climate risk, while the California measures separate the two, with SB 253 addressing GHG emissions, and SB 261 addressing climate risk.
Continue Reading Change is in the Air: Everything You Need to Know About California’s Sweeping New Climate Disclosure Laws

On August 29th, the Bureau of Ocean Energy Management (BOEM) held the first auction for offshore wind areas in the Gulf of Mexico. Sheppard Mullin’s preview of the auction can be accessed here. The auction concluded after just two rounds of bidding, with only the Lake Charles area off the coast of Louisiana being awarded. The two Texas areas available in the auction, Galveston I and II, received no bids.
Continue Reading Gulf of Mexico Offshore Auction Falls Short of Expectations

On July 21, 2023, the Bureau of Ocean Energy Management (BOEM) issued a Final Sale Notice (FSN) for offshore wind leases covering three areas on the Outer Continental Shelf (OCS) of the Gulf of Mexico (GOM). The auction will include a 102,480-acre area off the coast of Lake Charles, Louisiana and two areas off the coast of Galveston, Texas totaling nearly 200,000 acres. On August 29th, up to fifteen qualified bidders will vie to become the first offshore wind leaseholders in this high-potential region.
Continue Reading Previewing the Gulf of Mexico Offshore Wind Lease Auction

On February 13, 2023, the Internal Revenue Service (“IRS”) issued its “initial guidance”[1] regarding the Low-Income Communities Bonus Credit Program (the “Program”) established by the Inflation Reduction Act of 2022 (the “IRA”)[2] and codified under new Section 48(e) of the Internal Revenue Code (“IRC”) concerning “special rules for certain solar and wind facilities placed in service in connection with low-income communities.” The guidance makes strides to implement the Program required by the IRA, but it also leaves some gaps to be addressed in more guidance to come. …
Continue Reading IRS Issues Guidance for Inflation Reduction Act Low-Income Bonus Tax Credits