Temporary withdrawal of all outer continental shelf areas from offshore wind leasing and review of federal leasing and permitting practices for wind projects

January 20, 2025

MEMORANDUM FOR THE SECRETARY OF THE TREASURY

THE ATTORNEY GENERAL

THE SECRETARY OF THE INTERIOR

THE SECRETARY OF AGRICULTURE

THE SECRETARY OF ENERGY

THE ENVIRONMENTAL PROTECTION ADMINISTRATOR

AGENCY

SUBJECT: Temporary removal of all areas located outside

Continental shelf from offshore wind energy rental and

Review of the Federal Government’s Rental and Leasing Program

Permitting practices for wind projects

Section 1. Temporary Removal of Areas. In accordance with the principles of responsible public management entrusted to this office, with due regard to a variety of relevant factors, including the need to foster an energy economy capable of meeting the country’s growing demand for reliable energy, the importance of marine life, impacts on ocean currents and wind patterns, effects on energy costs for Americans – especially those who can least afford it – and ensuring that the United States is able to maintain a healthy energy industry. robust fishing for future generations and provide energy to low cost to their inhabitants. citizens, I hereby order:

Pursuant to the authority granted to me in section 12(a) of the Outer Continental Shelf Lands Act, 43 USC 1341(a), I hereby opt out of the leasing provision of wind energy in all areas of the Offshore Continental Shelf (OCS), as defined in section 2 of the Outer Continental Shelf Lands Act, 43 USC 1331. This withdrawal will take effect on the 21st January 2025 and will remain in force until this presidential election. The memorandum is revoked.

To the extent that an area is already withdrawn from wind energy leasing, the withdrawal of the area is extended for a period beginning January 21, 2025, until this Presidential Memorandum is revoked.

This withdrawal temporarily prevents any OCS area from being considered for any leasing of new or renewed wind energy for the purposes of electricity generation or any other use derived from the use of wind energy. This removal does not apply to rentals related to other purposes such as, but not limited to, oil, gas, minerals and environmental conservation.

Nothing in this withdrawal affects rights arising from existing leases in the withdrawn areas. With respect to these existing leases, the Secretary of the Interior, in consultation with the Attorney General as necessary, will conduct a comprehensive review of the ecological, economic, and environmental necessity to terminate or modify any existing wind energy lease, by identifying the legal bases. for such revocation, and submit a report containing recommendations to the President, through the Assistant to the President for Economic Policy.

Second. 2. Temporary cessation and immediate review of federal wind energy leasing and permitting practices. (a) In light of various alleged legal deficiencies underlying the federal government’s leasing and permitting of onshore and offshore wind projects, the consequences of which could result in serious harm, including negative impacts on interests in matters of navigation safety, transportation, national security, commercial interests and marine mammals – and in light of the potential inadequacies of the various environmental reviews required by the National Environmental Policy Act to lease or license wind projects, the secretary of the Interior, the Secretary of Agriculture, the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the heads of all other relevant agencies shall not issue approvals, rights of passage, permits, leases or new or renewed loans for onshore or offshore wind projects pending completion of a comprehensive assessment and review of federal wind leasing and permitting. practices. The Secretary of the Interior will direct this assessment and review in consultation with the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, the Secretary of Energy and Environmental Protection Administrator. Agency. The assessment must consider the environmental impact of onshore and offshore wind projects on wildlife, including but not limited to birds and marine mammals. The assessment will also consider the economic costs associated with intermittent electricity generation and the effect of subsidies on the viability of the wind industry.

(b) In light of criticism that the Record of Decision (ROD) issued by the Bureau of Land Management on December 5, 2024, regarding the final Environmental Impact Statement (EIS) for the Lava Ridge Wind Project, as approved by the Department of the Interior, is allegedly contrary to the public interest and suffers from legal deficiencies, the Secretary of the Interior shall, where appropriate, impose a temporary moratorium on all activities and rights of Magic Valley Energy, LLC, or any other party under the ROD, including, but not limited to, any right of way or right to develop or operate any project contemplated in the ROD. The Secretary of the Interior will review the ROD and, if appropriate, conduct a comprehensive new analysis of the various interests involved in the Lava Ridge Wind Project and the potential environmental impacts.

(c) The Secretary of the Interior, the Secretary of Energy, and the Administrator of the Environmental Protection Agency shall assess the environmental impact and cost to surrounding communities of defunct and unused wind turbines and issue a report to the President, through the Assistant to the President for Economic Policy, with their findings and recommendations to the authorities to demand the removal of these wind turbines.

(d) The Attorney General may, where appropriate and consistent with applicable law, serve this order on any court having jurisdiction over pending litigation relating to any aspect of federal leasing or permitting of wind projects onshore or offshore or the Lava Ridge wind project. Project, and may, in the discretion of the Attorney General, request the court to stay the litigation or otherwise delay further litigation, or seek any other appropriate relief consistent with this order, pending completion actions described in paragraph (a) or paragraph (b). ) of this section, if applicable.

This memorandum will be implemented in accordance with applicable law and subject to the availability of appropriations.

This memorandum is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies or entities, its officers, employees or agents . , or any other person. You are authorized and requested to publish this memorandum in the Federal Register.