Temporary Withdrawal of All Areas on the Outer Continental Shelf From Offshore Wind Leasing and Review of the Federal Government's Leasing and Permitting Practices for Wind Projects
Memorandum
•
January 29, 2025
•
Document 2025-01966
Summary
On January 20, 2025, President [Name] temporarily halted all offshore wind leasing on the Outer Continental Shelf, citing concerns over energy costs, marine life, and the fishing industry. This action, grounded in the Outer Continental Shelf Lands Act, pauses new wind energy projects while existing leases undergo a thorough review for potential ecological and economic impacts. The decision could face legal challenges and political debate, as it affects the renewable energy sector and could alter the trajectory of the U.S.'s clean energy goals.
Full Text
[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]
[Presidential Documents]
[Pages 8363-8365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01966]
Presidential Documents
Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 /
Presidential Documents
[[Page 8363]]
Memorandum of January 20, 2025
Temporary Withdrawal of All Areas on the Outer
Continental Shelf From Offshore Wind Leasing and Review
of the Federal Government's Leasing and Permitting
Practices for Wind Projects
Memorandum for the Secretary of the Treasury[,] the
Attorney General[,] the Secretary of the Interior[,]
the Secretary of Agriculture[,] the Secretary of
Energy[, and] the Administrator of the Environmental
Protection Agency
Section 1. Temporary Withdrawal of Areas. Consistent
with the principles of responsible public stewardship
that are entrusted to this office, with due
consideration for a variety of relevant factors,
including the need to foster an energy economy capable
of meeting the country's growing demand for reliable
energy, the importance of marine life, impacts on ocean
currents and wind patterns, effects on energy costs for
Americans--especially those who can least afford it--
and to ensure that the United States is able to
maintain a robust fishing industry for future
generations and provide low cost energy to its
citizens, I hereby direct as follows:
Under the authority granted to me in section 12(a) of
the Outer Continental Shelf Lands Act, 43 U.S.C.
1341(a), I hereby withdraw from disposition for wind
energy leasing all areas within the Offshore
Continental Shelf (OCS) as defined in section 2 of the
Outer Continental Shelf Lands Act, 43 U.S.C. 1331. This
withdrawal shall go into effect beginning on January
21, 2025, and shall remain in effect until this
Presidential Memorandum is revoked.
To the extent that an area is already withdrawn from
disposition for wind energy leasing, the area's
withdrawal is extended for a time period beginning on
January 21, 2025, until this Presidential Memorandum is
revoked.
This withdrawal temporarily prevents consideration of
any area in the OCS for any new or renewed wind energy
leasing for the purposes of generation of electricity
or any other such use derived from the use of wind.
This withdrawal does not apply to leasing related to
any other purposes such as, but not limited to, oil,
gas, minerals, and environmental conservation.
Nothing in this withdrawal affects rights under
existing leases in the withdrawn areas. With respect to
such existing leases, the Secretary of the Interior, in
consultation with the Attorney General as needed, shall
conduct a comprehensive review of the ecological,
economic, and environmental necessity of terminating or
amending any existing wind energy leases, identifying
any legal bases for such removal, and submit a report
with recommendations to the President, through the
Assistant to the President for Economic Policy.
Sec. 2. Temporary Cessation and Immediate Review of
Federal Wind Leasing and Permitting Practices. (a) In
light of various alleged legal deficiencies underlying
the Federal Government's leasing and permitting of
onshore and offshore wind projects, the consequences of
which may lead to grave harm--including negative
impacts on navigational safety interests,
transportation interests, national security interests,
commercial interests, and marine mammals--and in light
of potential inadequacies in various environmental
reviews required by the National Environmental Policy
Act to lease or permit
[[Page 8364]]
wind projects, the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of Energy, the
Administrator of the Environmental Protection Agency,
and the heads of all other relevant agencies, shall not
issue new or renewed approvals, rights of way, permits,
leases, or loans for onshore or offshore wind projects
pending the completion of a comprehensive assessment
and review of Federal wind leasing and permitting
practices. The Secretary of the Interior shall lead
that assessment and review in consultation with the
Secretary of the Treasury, the Secretary of
Agriculture, the Secretary of Commerce, through the
National Oceanic and Atmospheric Administration, the
Secretary of Energy, and the Administrator of the
Environmental Protection Agency. The assessment shall
consider the environmental impact of onshore and
offshore wind projects upon wildlife, including, but
not limited to, birds and marine mammals. The
assessment shall also consider the economic costs
associated with the intermittent generation of
electricity and the effect of subsidies on the
viability of the wind industry.
(b) In light of criticism that the Record of
Decision (ROD) issued by the Bureau of Land Management
on December 5, 2024, with respect to the Lava Ridge
Wind Project Final Environmental Impact Statement
(EIS), as approved by the Department of the Interior,
is allegedly contrary to the public interest and
suffers from legal deficiencies, the Secretary of the
Interior shall, as appropriate, place a temporary
moratorium on all activities and rights of Magic Valley
Energy, LLC, or any other party under the ROD,
including, but not limited to, any rights-of-way or
rights of development or operation of any projects
contemplated in the ROD. The Secretary of the Interior
shall review the ROD and, as appropriate, conduct a
new, comprehensive analysis of the various interests
implicated by the Lava Ridge Wind Project and the
potential environmental impacts.
(c) The Secretary of the Interior, the Secretary of
Energy, and the Administrator of the Environmental
Protection Agency shall assess the environmental impact
and cost to surrounding communities of defunct and idle
windmills and deliver a report to the President,
through the Assistant to the President for Economic
Policy, with their findings and recommended authorities
to require the removal of such windmills.
(d) The Attorney General may, as appropriate and
consistent with applicable law, provide notice of this
order to any court with jurisdiction over pending
litigation related to any aspect of the Federal leasing
or permitting of onshore or offshore wind projects or
the Lava Ridge Wind Project, and may, in the Attorney
General's discretion, request that the court stay the
litigation or otherwise delay further litigation, or
seek other appropriate relief consistent with this
order, pending the completion of the actions described
in subsection (a) or subsection (b) of this section, as
applicable.
This memorandum shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 8365]]
This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person. You are authorized and directed to
publish this memorandum in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, January 20, 2025
[FR Doc. 2025-01966
Filed 1-28-25; 8:45 am]
Billing code 4310-10-P