C.F.R. » Title 30 » CHAPTER V—BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—OFFSHORE › PART 585—RENEWABLE ENERGY ON THE OUTER CONTINENTAL SHELF › Subpart A—General Provisions

30 C.F.R. § 585.103

When may BOEM prescribe or approve departures from the regulations in this part?

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(a) BOEM may prescribe or approve departures from the provisions of this part when BOEM deems the departure necessary because the applicable provisions as applied to a specific circumstance:

(1) Are impractical or unduly burdensome and the departure is necessary to achieve the intended objectives of the renewable energy program;

(2) Fail to conserve the natural resources of the OCS;

(3) Fail to protect life (including human and wildlife), property, or the marine, coastal, or human environment; or

(4) Fail to protect sites, structures, or objects of historical or archaeological significance.

(b) Any departure approved under this section and its rationale must:

(1) Be consistent with subsection 8(p) of the OCS Lands Act;

(2) Protect the environment and the public health and safety to the same degree as if there was no approved departure from this part;

(3) Not impair the rights of third parties; and

(4) Be documented in writing.

Notes of Decisions
Cited in 3 cases, 2014–2016 · leading case: Pub. Employees for Env't Responsibility v. Hopper, 827 F.3d 1077 (D.C. Cir. 2016).
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Pub. Employees for Env't Responsibility v. Hopper, 827 F.3d 1077 (D.C. Cir. 2016). · cites it 6× “Plaintiffs respond that the Bureau “cannot ‘depart’ from or waive [the surveys] because doing so [would] deprive[ ] the agency of information required to comply with” NEPA, the Shelf Lands Act, the National Historic Preservation Act, and 30 C.F.R. § 585.103 (b)(2), which…”
Pub. Employees for Env't Responsibility v. Beaudreau, 25 F. Supp. 3d 67 (D.D.C. 2014). · cites it 9× “BOEM’s regulations provide for a departure from the general provisions of the •regulations in certain circumstances, see 30 C.F.R. § 585.103 (a), but (b) [a]ny departure approved under this section and its rationale must: (1)[b]e consistent with [ 43 U.”
['Pub. Employees for Env't Responsibility v. Bromwich'] (D.D.C. 2014). · cites it 9× “BOEM’s regulations provide for a departure from the general provisions of the regulations in certain circumstances, see 30 C.F.R. § 585.103 (a), but 24 The plaintiffs’ NEPA and NHPA arguments concerning these data are addressed later in this memorandum opinion.”
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