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Keith Garner

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Keith Garner is a partner and Practice Group Leader of the Real Estate, Energy, Land Use & Environmental Practice Group in the firm's San Francisco office.

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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

On October 21, 2022, the U.S. Bureau of Ocean Energy Management (“BOEM”) published a Final Sale Notice (“FSN”) for commercial leasing for wind power on California’s Outer Continental Shelf (“OCS”). Specifically, the FSN announces a list of eligible bidders, deadlines, lease stipulations, and financial terms and conditions for an auction of five leases within the Humboldt Wind Energy Area (“WEA”) and Morro Bay WEA. We highlighted these elements of the FSN and discussed bid credits in prior blog posts. Here, we summarize several aspects of the FSN which stem from the California Coastal Commission’s consistency determinations for both WEAs.Continue Reading California Offshore Wind Lease Sale Announced by Bureau of Ocean Energy Management

The U.S. Fish and Wildlife Service recently published a proposed rule revising regulations that authorize permit issuance for eagle incidental take and eagle nest take under the Bald and Golden Eagle Protection Act (the “Act”). In addition to retaining the individual permits already available under the Act, the new rule proposes creation of a “general” permit for qualifying wind energy and power line infrastructure projects.Continue Reading U.S. Fish & Wildlife Service Proposes New Regulations Creating General Eagle “Take” Permits for Certain Wind Energy and Power Line Infrastructure Projects

The U.S. Fish and Wildlife Service (the “Service”) published a proposed rule listing the tricolored bat as an endangered species under the Endangered Species Act (“ESA”). The tricolored bat occurs in portions of 39 states, including Texas, Iowa, and Oklahoma, which contain a significant concentration of utility-scale wind projects. In combination with the Service’s proposed “endangered” designation for the northern long-eared bat, the new proposed rule could complicate wind energy project permitting across the country.Continue Reading U.S. Fish and Wildlife Service Proposes Listing Tricolored Bat as Endangered Under Endangered Species Act

Offshore wind development off the California coast took another step closer to reality on August 10, 2022 with the California Energy Commission’s release of a report setting maximum feasible capacity and megawatt goals for 2030 and 2045. The report constitutes a milestone in the planning process prescribed by AB 525, which requires that the Commission “evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits” for 2030 and 2045.Continue Reading California Energy Commission Releases Milestone Offshore Wind Energy Report and Sets Maximum Feasible Capacity and Megawatt Planning Goals for 2030 and 2045

On September 15, 2020, the Army Corps of Engineers published proposed revisions to a wide range of Nationwide Permits (NWP) issued under the Clean Water Act.  The revisions respond to Executive Order 13783, directing heads of federal agencies to review existing regulations that potentially burden development or use of domestically produced energy resources.  Accordingly, the proposed revisions affect NWPs commonly utilized by utility-scale wind and solar energy projects throughout the country.  The Corps will accept comments on the proposed revisions until November 16, 2020.  Here are highlights from the proposed revisions.
Continue Reading Army Corps of Engineers Proposes Revising Broad Range of Clean Water Act Nationwide Permits