energy update

Will Congressional Response to the "Deepwater Horizon" Disaster Affect Offshore Wind Projects?

On June 21, 2010, in response to the Deepwater Horizon disaster, United States Senators Bingaman, Murkowski and Dorgan introduced a bill (S. 3516) that would reform federal regulation of energy activities on the Outer Continental Shelf. At present, under the Outer Continental Shelf Lands Act, an energy project – whether a wind generation project or an oil well – that operates on the Outer Continental Shelf must first obtain approval from the United States Department of the Interior through the Minerals Management Service.

Under the pending bill, the Service's oversight responsibilities would be transferred to one or more new bureaus within the Department. In addition, the bill would establish new policies for the Department's implementation of those oversight responsibilities. Under the new policies, the Department would need to seek reasonable assurance of adequate protection to life, health and the environment. Further, operations on the Outer Continental Shelf would need to be conducted using the best available technologies. It remains to be determined whether and how the proposed organizational changes and proposed policies would affect wind generation projects.

On June 30, 2010, the United States Senate Committee on Energy and Natural Resources held a hearing on S. 3516 and ordered the bill to be reported to the Senate for vote. To view the text of the bill as reported, please click here.

Please contact us for more information or for assistance in analyzing S. 3516 and other reform proposals.

Permission is granted to make and redistribute, without charge, copies of this entire document provided that such copies are complete and unaltered and identify Orrick as the author. All other rights reserved.

To ensure future delivery of Orrick communications, please add [email protected] to your safe sender list or address book.

You are receiving this communication because we believe you have an existing business relationship with Orrick or have previously indicated your desire to receive such communications. You may unsubscribe from future messages by adjusting your subscription preferences or be removed from all mailing lists by e-mailing [email protected].

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

This publication is designed to provide Orrick clients and contacts with information they can use to more effectively manage their businesses and access Orrick's resources. The contents of this publication are for informational purposes only. Neither this publication nor the lawyers who authored it are rendering legal or other professional advice or opinions on specific facts or matters. Orrick assumes no liability in connection with the use of this publication.

Attorney advertising. As required by New York law, we hereby advise you that prior results do not guarantee a similar outcome. 2010 Orrick, Herrington & Sutcliffe LLP, 666 Fifth Avenue, New York, NY, 10103-0001,
+1-212-506-5000.

Kendra Hampton

Marketing Specialist

ORRICK, HERRINGTON & SUTCLIFFE LLP
51 West 52nd Street
New York, NY 10019-6142

tel 212-506-5071
fax 212-506-5151
[email protected]

www.orrick.com


Kendra Hampton
Marketing Specialist
ORRICK, HERRINGTON & SUTCLIFFE LLP 51 West 52nd Street New York, NY 10019-6142
tel 212-506-5071 fax 212-506-5151 [email protected]
www.orrick.com