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For Immediate Release
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Burgum’s Offshore Wind Halt of Questionable Legality

The Secretary of the Department of the Interior’s (DOI) abrupt cessation of all leases for major offshore wind electric generation facilities under construction is not legally defensible and raises significant conflict of interest issues, according to a letter Public Employees for Environmental Responsibility (PEER) sent to congressional committees today.

Last week, DOI Secretary Doug Burgum announced that the administration was “pausing—effective immediately the leases for all large-scale offshore wind projects under construction in the United States” pending a national security review of the projects. This directive was in the form of five preemptory “orders” to five separate offshore wind projects issued by the Bureau of Ocean Energy Management (BOEM), an agency within DOI.

In its letter to the Chairs and Ranking Members of the Senate Energy and Natural Resource Committee and the House Committee on Natural Resources, PEER argues that the Congressional Review Act (CRA) stipulates that an agency action of this type must be submitted to Congress before it can take effect. Moreover, PEER argues that Burgum’s actions are a “major rule” which under the CRA cannot take effect for at least 60 days, during which Congress can move to block it.

“Burgum’s move is designed to bypass all Congressional and public input,” stated PEER’s Executive Director Tim Whitehouse, a former senior enforcement attorney with the U.S. Environmental Protection Agency. Whitehouse noted the irony of Republicans using the CRA to repeal the Biden administration’s administrative actions on offshore oil and gas drilling that they assert were not properly reported under the CRA while Burgum seeks to evade CRA review for his offshore wind moratorium.

In addition, PEER is raising conflict of interest concerns about Matthew Giacona’s — the acting director of BOEM — recent investments in the United States Natural Gas Fund, which will likely benefit from less offshore wind power generation. BOEM issues permits for offshore wind projects.

“Burgum’s actions on offshore wind appear to be motivated by the personal financial interests of those in the administration, not our collective national interests,” added Whitehouse. “This is another misguided step in transforming the federal government into a franchise of the fossil fuel industry.”

“On public lands across the United States, the Department of the Interior has tens of thousands of additional active leases related to oil, gas, wind, solar, and geothermal production and mining for energy-related minerals. If last week’s actions are allowed to stand, future presidents will have unchecked authority under the guise of national security to target federal leases related to entire disfavored energy industries for political purposes,” said Whitehouse.

PEER protects public employees who protect our environment. We are a service organization for environmental and public health professionals, land managers, scientists, enforcement officers, and other civil servants dedicated to upholding environmental laws and values. We work with current and former federal, state, local, and tribal employees.