Confederated Tribes file lawsuit to stop BOEM’s wind energy lease sale and require more extensive analysis of impacts 

On Friday, the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians (“Tribe”) filed a lawsuit against the Bureau of Ocean Energy Management (“BOEM”) in Oregon Federal District Court. The lawsuit challenges BOEM’s cursory environmental review for the development of private offshore wind energy facilities in two areas off the Oregon Coast near Coos Bay and Brookings.

Earlier this month, BOEM authorized the sale of leases in approximately 195,012 acres for wind energy development, in areas that are within the Tribe’s ancestral territory, and which contain critical fish and marine wildlife habitat, viewsheds of significant cultural and historic significance to the Tribe, and are important for Tribal and commercial fishing. That sale is scheduled to occur on October 15th.

“The Tribe has consistently urged that BOEM delay moving forward with wind energy development until a better understanding is made of the impacts to fish, wildlife, the marine environment, and cultural resources important to the Tribe,” said Tribal Council Chair Brad Kneaper. “No one, including BOEM has an understanding on how wind development will impact the fragile marine environment. BOEM developed an environmental assessment document that narrowly focused on the impacts of the lease sale and completely turned a blind eye to the inevitable impacts that construction and operation of these private energy facilities will have on Coastal resources, the Tribe, and other residents.

“The intent of this lawsuit is to stop the October lease sale and force BOEM to do a comprehensive Environmental Impact Statement that honestly looks at the impact that wind energy will have on Coastal resources,” said Chair Kneaper. “Coastal Tribes have repeatedly met with BOEM urging BOEM to take its time to develop wind energy in a way that does not adversely impact Tribes and the resources which they depend upon. BOEM has repeatedly disregarded these requests telling the Tribes that wind energy development is being driven by the White House.

“The timeframe for wind development appears to be driven by politics, rather than what is best for Coastal residents and the environmental,” said Chair Kneaper.

The lawsuit specifically alleges that BOEM violated the federal National Environmental Policy Act (“NEPA”), including that it narrowly drafted an environmental assessment that failed to consider: (1) the impacts of future wind energy development; (2) the cumulative impacts of this project along with other West Coast wind energy development; and (3) alternatives to its proposal, including examining alternatives that exclude important habitat areas from leasing and wind energy development. The lawsuit also alleges that BOEM issued its decision before complying with its legal obligations to protect cultural resources as required by the National Historic Preservation Act.

“The decision to file this legal action was not taken lightly,” said Chair Kneaper. “We would much rather work collaboratively with BOEM to determine where the best places are to develop wind energy, minimizing the impacts to the Coast and our people. Unfortunately, BOEM left us no other options. Prior to filing the lawsuit on Friday, we notified both BOEM and the 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.”

A copy of the Tribe’s complaint filed on Friday is available at this link.

For questions about this lawsuit, please contact attorney Rick Eichstaedt at 509-251-1424.

See also:  Resolution authorizing litigation on wind energy development to protect tribal resources