Offshore Wind in Louisiana Waters: Legal Framework for Environmental Review

All energy generation has impacts. Thus, it is critical that offshore wind energy projects are deployed responsibly, and that every effort is made to avoid, minimize, and mitigate impacts to wildlife. Developers and state officials need to show they have the data and review mechanisms in place to ensure responsible planning and construction of these projects. Unfortunately, Louisiana’s regulatory agencies have not provided clarity on the applied regulatory process for project siting, construction, and operations. Without further clarity, Louisiana’s proposed projects may not be subject to comprehensive environmental assessments and public participation opportunities that can prioritize the needs of Louisiana’s wildlife and people.

To help decision-makers identify gaps and provide recommendations for the planning and regulation of Louisiana’s offshore wind industry, National Wildlife Federation and the Tulane Institute on Water Resources Law & Policy authored a new report, Offshore Wind in Louisiana Waters: Legal Framework for Environmental Review.

The report details how offshore wind projects can succeed with thorough environmental reviews and avoid unnecessary litigation. Several measures highlighted in the report can help Louisiana’s Department of Energy and Natural Resources strengthen environmental stewardship and regulatory certainty:

Engage with the U.S. Army Corps of Engineers to discuss federal permitting review for species and habitat impacts to avoid later issues.
Increase transparency by making environmental studies and provisions of the insurance policies publicly available.
Allow for meaningful public comment, including ample notice and documentation for review on subsequent changes to Operating Agreements.
Finalize the state’s wind leasing rules so there is a uniform process that lays out the responsibilities of the State and developers instead of relying on operating agreements.