BOEM Proposes to Modify its Offshore Renewable Energy Regulations

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On January 12, 2023, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) announced a proposed rule (the “Modernization Rule”) to modernize its regulations for renewable energy development on the U.S. Outer Continental Shelf (“OCS”). The announcement marks the first time BOEM has substantially updated its renewable energy program regulations since they were first promulgated at Title 30 Part 585 in 2009. Since then, the U.S. offshore wind industry has grown apace, with numerous projects in various stages of development on the Pacific and Atlantic coasts and with lease sales anticipated for the Gulf of Mexico and the Gulf of Maine. The Modernization Rule aims to harmonize BOEM’s regulations with its current practices and to reflect lessons learned during the industry’s growth since 2009.