30 C.F.R. § 585.628

How will BOEM process my COP?

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(a) BOEM will review your submitted COP, including the information provided under § 585.627, to determine if it contains the information necessary to conduct our technical and environmental reviews. We will notify you if your submitted COP lacks any necessary information.

(b) BOEM will prepare an appropriate NEPA analysis.

(c) If your COP is subject to Federal consistency review under CZMA regulations at 15 CFR part 930, subpart E, you must submit your COP, consistency certification, and associated data and information under CZMA to BOEM after all information requirements for the COP are met, and the appropriate environmental assessment or draft environmental impact statement, if required, has been published. BOEM will forward the COP, consistency certification, and associated data and information to the applicable State CZMA agencies.

(d) As appropriate, BOEM will coordinate and consult with relevant Federal, State, and local agencies and affected federally recognized Indian Tribes, and provide to them relevant nonproprietary data and information pertaining to your proposed activities.

(e) During the review process, we may request additional information if we determine that the information provided is not sufficient to complete the review and approval process. If you fail to provide the requested information, BOEM may disapprove your COP.

(f) Upon completion of our technical and environmental reviews and other reviews required by Federal law (e.g., CZMA), BOEM will approve, disapprove, or approve your COP with conditions.

(1) If we approve your COP, we will specify terms and conditions to be incorporated into your COP. You must certify compliance with certain of those terms and conditions, as required under 30 CFR 285.633(a); and

(2) If we disapprove your COP, we will inform you of the reasons and allow you an opportunity to submit a revised plan addressing our concerns, and we may suspend the COP review period of your lease, as appropriate, to give you a reasonable amount of time to submit the revised plan.

(g) If BOEM approves your project easement, BOEM will issue an addendum to your lease specifying the terms of the project easement.

(1) The project easement will provide sufficient off-lease area to accommodate potential changes at the design and installation phases with respect to any facilities or activities necessary for your project.

(2) Unused portions of the project easement may be relinquished after construction is complete.

(3) A project easement is subject to the following conditions:

(i) The rights granted will not prevent the granting of other rights by the United States, either before or after the granting of the project easement, provided that any subsequent authorization issued by BOEM in the area of a previously issued project easement may not unreasonably interfere with activities approved or impede existing operations under the project easement; and

(ii) If the project easement is granted in an area where a lease, ROW or RUE grant has previously been issued, the project easement holder must agree that its activities will not unreasonably interfere with or impede existing operations under the lease or ROW or RUE grant.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2014–2025 · leading case: Fisheries Survival Fund v. Jewell, 236 F. Supp. 3d 332 (D.D.C. 2017).

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Fisheries Survival Fund v. Jewell, 236 F. Supp. 3d 332 (D.D.C. 2017). “Following the COP proposal, BOEM is required to conduct a NEPA analysis, such as an Environmental Impact Statement (“EIS”), to -determine whether to approve the COP, reject it, or approve it with modifications.”

Pub. Employees for Env't Responsibility v. Beaudreau, 25 F. Supp. 3d 67 (D.D.C. 2014). “at 81, does not warrant a different conclusion because the regulations reference only “an appropriate NEPA analysis,” 30 C.F.R. § 585.628 (b). Such an analysis does not necessarily entail a new EIS.”

Fisheries Survival Fund v. Jewell (D.D.C. 2018). · cites it 2× “30 C.F.R. § 585.628 (b). II. LEGAL STANDARD The APA requires courts to “set aside any agency action that is ‘arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.”

Fisheries Survival Fund v. Jewell (D.D.C. 2020). “30 C.F.R. § 585.628 (b). Plaintiffs allege, inter alia, that this process violated NEPA because BOEM failed to produce an Environmental Impact Statement (EIS) before issuing the lease.”

Save Long Beach Island v. United States Dep't of the Interior (D.D.C. 2023). “BOEM regulations, in contrast, provide for development-related NEPA review prior to approving a particular construction plan, 30 C.F.R. § 585.628 (b), ensuring review before any construction 7 activities begin, see id.”

Seafreeze Shoreside, Inc. v. US Dep't of the Interior (1st Cir. 2024). “30 C.F.R. § 585.628 . The NEPA is a procedural statute that requires federal agencies to take a "hard look" at the environmental impacts of and alternatives to a proposed action.”

Mayor & City Council of Ocean City, Maryland v. United States Dep't of the Interior (D. Maryland 2025). “That nuanced inquiry, however, is best suited for disposition at the summary judgment phase of the case. 2. Third Cause of Action (APA/NEPA) NEPA requires federal agencies to consider environmental impacts of, and alternatives to, proposed action when approving a COP.”

['Pub. Employees for Env't Responsibility v. Bromwich'] (D.D.C. 2014). “at 81, does not warrant a different conclusion because the regulations reference only “an appropriate NEPA analysis,” 30 C.F.R. § 585.628 (b). Such an analysis does not necessarily entail a new EIS.”

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