Nine AGs Opposed NOAA’s Proposal to Limit States’ Authority Under Coastal Zone Management Act

APRIL 25, 2019

New York Attorney General Letitia James led a coalition of nine attorneys general in filing comments opposing the National Oceanic and Atmospheric Administration (NOAA)’s proposal to “streamline” its review process for new energy projects located on the Outer Continental Shelf. The attorneys general raised concerns that NOAA’s proposal could limit state authority to challenge new projects in their coastal waters by restricting their timely access to information and limiting their ability to challenge decisions that are inconsistent with their federally approved coastal management plans. The attorneys general also warned that NOAA’s proposal would violate the Coastal Zone Management Act by unlawfully restricting states’ rights to obtain complete information about offshore activities that might impinge on legitimate state interests. The attorneys general also questioned the need for changing the agency’s current review process, noting that the vast majority of proposed offshore energy projects have not raised the Act’s consistency issues and calling attention to the rarity of industry appeals.