Responsible Offshore Development Alliance, a D.C. Nonprofit Corporation v. Department of the Interior, et al.

Section 1337(p)(4) of the Outer Continental Shelf Lands Act1 requires that the Secretary “shall ensure” that any approved activity under this subsection provides for the protection of twelve categories, including “use of the sea or seabed for a fishery.” 2 In approving the Vineyard Wind Project, the Secretary newly interpreted the “shall ensure” language to require only that these factors be “considered” or “balanced” against the importance of the new offshore wind energy program, ignoring the Project’s devastating impacts on the fishing industry. The First Circuit adopted the Secretary’s new interpretation. 3 Should the Court grant this petition to review the Secretary’s April 2021 interpretation of Section 1337(p)

1. so that federal administration of the nation’s ocean energy program and approval of offshore wind turbine projects are consistent with Congress’s requirement that the Secretary ensure “prevention of interference with reasonable uses,” including consideration of the “use of the sea or seabed for a fishery?”4

2. 43 U.S.C. § 1337(p)(4).

3. 43 U.S.C. § 1337(p)(4)(J)(ii).

4. See U.S. Dep’t. of the Interior, Off. of the Solicitor, M-37067 at 5 (Apr. 9, 2021) (April 2021 Memorandum).

5. 43 U.S.C. § 1337(p)(4)(J)(ii).