ELR Citation: 53 ELR 20043
No(s). 22-cv-55 (DLF) (D.D.C. Mar 9, 2023) (Friedrich, J.)

A district court granted the Bureau of Ocean Energy Management's (BOEM's) motion to dismiss a challenge to its memorandum designating certain areas in New York as "wind energy areas" for purposes of offshore wind development. A nonprofit group argued BOEM violated NEPA by failing to conduct an EA prior to issuing the memorandum, and the ESA by failing to consult with NMFS. BOEM moved to dismiss, arguing the claims were not ripe. The court agreed, finding the memorandum did not commit the Bureau to any decisions about leasing or rules governing offshore development. It dismissed the suit.