TRIBE FILES LAWSUIT TO STOP BOEM’S WIND ENERGY LEASE SALE AND REQUIRE MORE EXTENSIVE ANALYSIS OF WIND ENERGY IMPACTS
September 16, 2024, For Immediate Release
COOS BAY, OREGON – 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 included with this release.
For questions about this lawsuit, please contact attorney Rick Eichstaedt at 509-251-1424.
- Published in Public Notices, Tribal News
TRIBE DISAPPOINTED WITH WIND ENERGY DECISION CITING FAILURE OF BOEM TO HONOR ITS OBLIGATIONS TO TRIBE AND IMPACTS TO FISHERIES, CULTURAL RESOURCES, AND HERITAGE
February 13, 2024
For Immediate Release
COOS BAY, OREGON – The Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians (“Tribe”) are extremely disappointed in today’s decision by the Bureau of Ocean Energy Management (“BOEM”) to finalize the Wind Energy Areas for offshore wind development in Oregon. Today’s decision authorizes approximately 195,012 acres for wind energy development, in areas that are within the Tribe’s ancestral territory, contain viewsheds of significant cultural and historic significance to the Tribe, and are important areas for Tribal fishing.
“Despite a federal obligation to consult on a government-to-government, the Tribe learned yesterday of BOEM’s impending decision from officials with the Oregon Governor’s office,” said Tribal Council Chair Brad Kneaper. “BOEM had the courtesy to communicate its decision to the State well ahead of its public release and waited until the eleventh hour to send the Tribe an email about its decision. This illustrates well the failure of BOEM to meet its obligations to consult with the Tribe and to meaningfully consider its concerns. We would have at least expected a phone call from BOEM. We appreciate the Governor and her staff in reaching out to us.”
“BOEM’s press release states that it has ‘engaged’ with the Tribe, but that engagement has amounted to listening to the Tribe’s concerns and ignoring them and providing promises that they may be dealt with at some later stage of the process,” said Chair Kneaper. “BOEM has failed to recognize that wind development has impacted the Tribe and has failed to assure that wind energy development will do good and not harm the Tribe, its members, and the greater coastal community. The Tribe will not stand by while a project is developed that causes it more harm than good – this is simply green colonialism.”
In November 2023, the Tribal Council unanimously passed a resolution expressing its opposition to offshore wind energy development off the Oregon Coast. In multiple communications with BOEM, including comments submitted in November, the Tribe has consistently raised concerns about wind energy development. These comments include a request that important, cultural viewsheds be excluded from the WEAs and that wind development avoid areas critical to resident and migratory species, including important areas for fishing.
The Tribe’s concerns echo the concerns of other local governments, including Lane County and Coos County, which has expressed opposition to wind energy development, and resolutions of regional and national tribal organizations, including the National Congress of American Indians, which has called for a halt to the approval process until BOEM develops a process to consider Tribal impacts.
“The Tribe consistently asked BOEM to exclude important fishing areas from wind energy development. Fishing is an important industry on the Coast that employs tribal members and supports tribal businesses. Fish, including salmon, are also an important cultural and subsistence resource to the Tribe. Any impact on fish from wind development is going to harm our local jobs and the Tribe,” said Chair Kneaper. “We also have serious concerns for the environmental impacts that may occur as a result of this development. We simply don’t know yet how extensive those impacts may be. Today’s decision ignores these concerns.”
“The Tribe has called the Coast our home since Time Immemorial,” said Tribal Chief Doug Barrett. “The unique landscape, places of religious significance, viewsheds and traditional resources of our Ocean, bays, upland dunes, forests, archaeological features, cultural resources, and first foods connect us to our tribal ancestors. Our homelands and oceans have been the foundation of our way of life since time immemorial and remain a cornerstone of our Tribe to this day. As a confederation of coastal tribes deeply dependent on the Ocean and its rich resources, we assert a direct interest in the viewshed extending from our shores, encompassing a distance of at least twelve nautical miles beyond the continental shelf. We believe it is our inherent right to have the ability to see across our viewsheds, as this direct connection is integral to our cultural practices and traditional way of life. This connection empowers us to protect and conserve our cultural resources for the prosperity of our future generations. Our religious beliefs, traditional
practices, fishing, first foods, and relations are interconnected and influenced by all that is encompassed in the broader Ocean. We are and have been stewards of our ocean and our ecosystems forever! BOEM’s decision today ignores the important cultural concerns consistently expressed by the Tribe, including impacts to our culturally significant viewsheds. We don’t want these places marred by development.”
In an October 31, 2023 letter to BOEM, the Tribe called upon BOEM to halt its process to allow for consideration of impacts of wind energy, including consideration of a congressionally mandated National Academy of Science study on wind energy impacts to fisheries on the West Coast.
“BOEM is proceeding without seriously considering or understanding the impacts of wind energy development,” said Chair Kneaper. “The Tribe will explore all options to ensure that its concerns are addressed in this process.”
- Published in Public Notices, Tribal Event, Tribal News