Officials from the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians have filed a lawsuit to delay the U.S. government’s first-ever wind energy auction for the Oregon coast, currently scheduled for Oct. 15.
Filed on Sept. 13, the lawsuit challenges the Bureau of Ocean Energy Management’s (BOEM) environmental assessment and decision to proceed with the development of two offshore wind energy areas (WEAs). The WEAs would encompass approximately 195,000 acres between 18 and 32 miles offshore from the coastal communities of Coos Bay and Brookings.
Published on Aug. 13, the environmental assessment concluded that issuing lease sales will have “no significant impacts to people or the environment,” according to a statement from BOEM.
In a Sept. 16 press statement, Tribal Council Chair Brad Kneaper said that BOEM’s analysis narrowly focused on the impacts of the lease sale and site surveys, while “turning a blind eye” to the inevitable impacts that construction and operation of private wind energy facilities will have on coastal resources, the tribe, commercial fisheries, and other residents.
The tribe says that the Oregon WEAs are within its ancestral territory, contain critical fish and marine wildlife habitat, offer viewsheds of significant cultural and historic significance, and are important for commercial fishing.
Its 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,” attorney Rick Eichstaedt, who is representing the tribe, told The Epoch Times.
The tribe’s statements and complaint were issued as the Biden administration announced the approval of its tenth offshore wind project—a milestone toward its goal of deploying 30 gigawatts of fixed-bottom offshore wind capacity by 2030. Reaching that goal will “help power 10 million homes with clean energy,” according to a White House statement.
The administration has made the development of U.S. offshore wind resources a key component of its climate agenda.
The administration has set a goal of deploying another 15 gigawatts of floating offshore wind capacity by 2035, “enough to power over 5 million American homes,” the statement said.
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, according to a Department of Energy factsheet.
Harnessing power over waters hundreds to thousands of feet deep, such as the Pacific Ocean, requires floating offshore wind technology. Turbines are mounted to floating foundations or platforms, which are anchored to the seabed with mooring lines.
Oregon’s Wind Potential
The coastal waters of southwest Oregon are home to some of the most powerful and consistent winds in the world, with wind gusts exceeding 145 miles per hour.When BOEM announced the designation of the two WEAs in February, Oregon Gov. Tina Kotek said in a statement that offshore wind presents “a significant economic development opportunity for the Oregon coast.”
“We will continue to promote active engagement with Tribal nations, local communities, and other ocean users in the state,” Kotek said. “We will ensure that all decisions are transparent and based upon the best available science and knowledge.”
Tribal Claims
The tribe calls BOEM’s approval of the lease sale politically motivated and rushed.“The timeframe for wind development appears to be driven by politics, rather than what is best for Coastal residents and the environment,” Kneaper said.
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.
Klein repeated this assertion during a meeting with the tribe on July 31, the lawsuit alleges.
According to the White House, BOEM is on track to complete reviews of at least 16 offshore wind project plans by 2025.
“Director Klein is under pressure to get this done, so there’s not an opportunity to get it right,” Eichstaedt told The Epoch Times.
The tribe’s lawsuit specifically alleges that BOEM violated the federal National Environmental Policy Act (NEPA). It claims that the agency narrowly drafted an environmental assessment that failed to consider the impacts of future wind energy development and the project’s cumulative impacts, along with other West Coast wind energy development.
It also failed to consider alternatives, such as those that would exclude important habitat areas from leasing and wind energy development, according to the tribe.
It said BOEM issued a decision before complying with its legal obligation to protect cultural resources as required by the National Historic Preservation Act.
“No one, including BOEM, has an understanding on how wind development will impact the fragile marine environment,” Kneaper said.
Prior to filing the lawsuit on Sept. 13, 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 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.”
BOEM declined to comment on the lawsuit, with spokesperson John Romero telling The Epoch Times that it does not discuss pending litigation in the media.
Five firms including one Oregon-based developer have qualified to bid on the leases.
