R47894 — Potential Impacts of Offshore Wind on the Marine Ecosystem and Associated Species: Background and Issues for Congress

Offshore wind energy is one alternative to energy derived from the combustion of fossil fuels. The United States’ ability to harness wind energy from the outer continental shelf (OCS) is at an initial stage compared with European countries and some Asian countries. As interest in the potential benefits of offshore wind grows in the United States, some stakeholders have expressed concerns about offshore wind projects’ potential impacts on the marine ecosystem. Offshore wind projects may affect the marine ecosystem and associated species in ways both adverse and beneficial. Stakeholders commonly cite effects such as changes to the ocean environment; habitat alterations; risks that living marine resources may collide with construction vessels and offshore wind structures; altered behaviors and disturbance of migration paths of certain fish, marine mammals, and birds; and water pollution. Some observers emphasize that, although individual offshore wind energy projects may have local, immediate impacts to certain species, the global ocean and the wildlife it supports are threatened by the long-term consequences of climate change. Many scientists concur that renewable power is important for addressing climate change and reducing its longer term environmental impacts. Some stakeholders have encouraged decisionmakers to include climate change risks facing the ocean and certain marine animals in analyses of offshore wind projects. The National Environmental Policy Act (NEPA; 42 U.S.C. §§4321 et seq.) requires federal agencies to evaluate the impacts of major federal actions significantly affecting the human environment, such as issuing permits for offshore wind projects on the U.S. OCS. The Department of the Interior’s (DOI’s) Bureau of Ocean Energy Management (BOEM) is the lead agency for the preparation of environmental impact statements (EISs) in the context of approving developers’ construction and operations plans for offshore wind energy projects. BOEM’s responsibilities also include coordinating interagency review and permitting timelines in accordance with provisions of the Fixing America’s Surface Transportation Act (42 U.S.C. §§4370m–4370m12). Certain federal agencies have further been tasked with administering specific statutes that aim to protect particular aspects of the environment or certain natural resources. The National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) cooperates in the EIS processes pursuant to its responsibilities under the Endangered Species Act (ESA; 16 U.S.C. §§1531-1544) and the Marine Mammal Protection Act (16 U.S.C. §§1361-1423h). DOI’s U.S. Fish and Wildlife Service considers the ESA and the Migratory Bird Treaty Act of 1918 (16 U.S.C. §703) when participating in EIS processes. Other agencies may also have responsibilities related to permitting and environmental review of offshore wind projects. The U.S. Department of Energy lists 59 offshore wind projects in federal and state waters at various stages of development, ranging from conception to construction to fully commissioned. In federal waters, BOEM has issued more than 30 leases for offshore wind development (some covering multiple projects) and anticipates completing review of at least 16 construction and operations plans by 2025. Several projects are currently operating in state and federal waters in the Atlantic region. Two commercial-scale projects in federal waters off Massachusetts and Rhode Island—Vineyard Wind 1 and South Fork Wind—have begun delivering power. A two-turbine pilot project operated by Dominion Energy is generating electricity in waters off Virginia. The five-turbine Block Island project is operating in state waters off Rhode Island. In the 118th Congress, some Members have called for additional research into the potential harm offshore wind projects may cause to marine wildlife or expressed concern about the impacts that offshore wind activities might have on other ocean uses (e.g., H.R. 1). The full impacts of offshore wind activities on the U.S. OCS remain unclear, in part because the development of U.S. offshore wind projects is relatively recent. Issues for Congress may include potential impacts of offshore wind development on the marine ecosystem and potential long-term benefits of climate change mitigation derived from offshore renewable energy versus the immediate, local impacts of offshore wind to the marine ecosystem and associated species. Other concerns may include the potential loss of fishing grounds, interruptions to NMFS surveys, incidental take (or unintentional killing) of birds, and increased vessel activity that may be associated with offshore wind projects.

Curated by CRS — every bill listed in this report's relatedMaterials. Edge type cited_in_report, gold confidence.

• HR 4821 — Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024 · 118th Cong
• HR 4394 — Energy and Water Development and Related Agencies Appropriations Act, 2024 · 118th Cong
• HR 4284 — Northeast Fisheries Heritage Protection Act · 118th Cong
• S 2986 — WHALE Act · 118th Cong
• S 2443 — Energy and Water Development and Related Agencies Appropriations Act, 2024 · 118th Cong
• HRES 239 — Expressing the sense of the House of Representatives that offshore wind projects along the Atlantic · 118th Cong
• HR 1 — Lower Energy Costs Act · 118th Cong