Key Takeaways
Indian Tribes are suing the Biden-Harris administration over an offshore wind lease sale scheduled next month they argue will impact their way of life and the environment.
Biden-Harris’s environmental review concluded there would be no impacts, but the Tribes say the head of the government agency involved admitted in meetings that she was pressed by the White House to complete offshore wind projects.
The deep waters off Oregon would require floating wind platforms, which are even more expensive than wind turbines secured to the sea floor, both very expensive options for electricity generation.
The Tribes want the Court to grant a temporary restraining order, postponing the sale while proper studies and consultations are continued.
The Biden-Harris administration’s rush for expensive offshore wind energy is running into problems, cutting corners and failing to adequately consult with those affected.
Representatives from the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians have initiated legal action to postpone the U.S. government’s inaugural wind energy auction for the Oregon coast, set for October 15. This lawsuit was filed on September 13 and contests the Biden-Harris Bureau of Ocean Energy Management’s (BOEM) environmental review and its choice to move forward with the development of two offshore wind energy zones, covering about 195,000 acres located 18 to 32 miles off the shores of Coos Bay and Brookings. BOEM’s environmental assessment of wind offshore Oregon concluded that issuing lease sales will have “no significant impacts to people or the environment.” The tribe says BOEM’s approval of the lease sale is politically motivated and rushed.
Tribal Council Chair Brad Kneaper stated that BOEM’s evaluation primarily concentrated on the effects of the lease sale and site assessments, while “ignoring” the inevitable consequences that the construction and operation of private wind energy projects will have on coastal resources, the tribe, commercial fisheries, and local residents. Oregon’s offshore wind energy zones lie within ancestral lands, encompass vital fish and marine wildlife habitats, provide views of significant cultural and historical importance, and are crucial for the commercial fishing industry. The tribe aims to delay the lease sale and force the federal agency to conduct a thorough environmental impact statement that “honestly looks at the impact wind energy would have on the Oregon Coast.” “No one, including BOEM, has an understanding on how wind development will impact the fragile marine environment,” Kneaper said.
Kneaper also said, “The timeframe for wind development appears to be driven by politics, rather than what is best for Coastal residents and the environment.” Coastal tribes repeatedly met with BOEM, he said, and urged the agency to take the time to develop wind energy in a way that would not adversely impact tribes and the resources on which they depend. “BOEM has repeatedly disregarded these requests, telling the tribes that wind energy development is being driven by the White House,” according to Kneaper. The lawsuit alleges that, in a June 6 meeting with tribal representatives, BOEM Director Elizabeth Klein said she had specific political direction from the White House to complete offshore wind projects and repeated the assertion during a meeting with the tribe on July 31.
The tribe’s lawsuit asserts that BOEM breached the federal National Environmental Policy Act (NEPA). It contends that the agency produced a limited environmental assessment that overlooked the potential impacts of future wind energy development, including the cumulative effects in conjunction with other wind projects along the West Coast. Additionally, the lawsuit claims that BOEM did not explore alternatives that would protect crucial habitat areas from leasing and wind energy activities. Furthermore, it argues that BOEM made its decision without fulfilling its legal duty to safeguard cultural resources as mandated by the National Historic Preservation Act.
Before filing the lawsuit on September 13, the tribe’s attorney Rick Eichstaedt said he notified both BOEM and the Oregon governor’s office that the tribe is willing to withdraw its lawsuit if the October lease sale is delayed and BOEM commits to assessing the impacts of wind energy development on the coast. “Meanwhile, we will be filing a motion for a TRO [temporary restraining order],” Eichstaedt said, “our hope is that the court rules on a motion to delay the lease sale before Oct. 15.” About two-thirds of the United States’ offshore wind potential exists over bodies of water too deep for “fixed-bottom” wind turbine foundations that are secured to the sea floor. Harnessing power over waters hundreds to thousands of feet deep, such as in the Pacific Ocean off Oregon, requires floating offshore wind technology.
Background
Turbines are mounted to floating foundations or platforms, which are anchored to the seabed with mooring lines. Only five firms including one Oregon-based developer have qualified to bid on the Oregon leases where the coastal waters have wind gusts exceeding 145 miles per hour. The tribe’s statements and lawsuit coincided with the Biden-Harris administration’s announcement of its tenth approved offshore wind project, marking a significant step toward its target of installing 30 gigawatts of fixed-bottom offshore wind capacity by 2030. The administration has prioritized the development of U.S. offshore wind resources as a central element of its climate strategy, aiming to add another 15 gigawatts of floating offshore wind capacity by 2035.
According to the White House, BOEM is on schedule to finalize reviews for at least 16 offshore wind project proposals by 2025. Since taking office, the Department of the Interior has conducted wind lease auctions, opening over 1.3 million new acres for wind farm development across states including Maine, New York, New Jersey, Maryland, Delaware, Virginia, and in the Gulf of Mexico and Pacific waters off California. Additionally, Ocean City, Maryland, is also pursuing legal action against the government regarding an offshore wind project, asserting that the proposed wind turbines should be located farther from its iconic beaches than the planned distance of approximately 10.7 to 10.9 miles, which involves 114 turbines reaching heights of 938 feet—around three and a half times taller than any existing building in the area.
There are financial and environmental costs related to offshore wind projects. Issues have been raised regarding environmental health and safety, particularly following incidents where windmill blade parts washed up on Nantucket Island, Massachusetts, and a noise pollution study was conducted there. Offshore wind development is costly, requiring 4.5 times as much to build and 2.3 times to operate than natural gas generation, even with substantial federal subsidies. Consumers also face additional expenses for backup battery storage needed to compensate for the intermittent electricity production of wind turbines, which relies heavily on weather conditions.
Conclusion
Despite Oregon Governor Tina Kotek saying that Oregon was committed to a roadmap that would ensure that coastal communities and tribes were consulted throughout the process and that active engagement with Tribal nations, local communities, and other ocean users in the state will be promoted with all decisions transparent and based upon the best available science and knowledge, an Oregon tribe is suing the Biden-Harris administration for politicizing and rushing offshore wind development in its ancestral waters. The tribe’s goal is to delay the lease sale and force the federal agency to conduct a thorough environmental impact statement that honestly looks at the impact wind energy would have on the Oregon Coast.
