A fishing boat sits in calm, sparkling waters, surrounded by flocking birds; in the hazy distance sit several large offshore wind turbines.

Coastal Zone Management Act

The Coastal Zone Management Act is administered by the National Oceanic and Atmospheric Administration (NOAA) and encourages coastal states to develop plans to manage the use of states’ coastal resources. Federally-approved plans to explore, develop and produce energy in Outer Continental Shelf Lands Act lease areas must secure a certification from participating states that the proposed activities are consistent to the “maximum extent practicable” with the state’s enforceable coastal zone management plan. Under the statute, if a state refuses to issue a federal consistency certification, the applicant can appeal that decision to the Department of Commerce.

2017-2021

  • March 2019

    In March 2019, NOAA released an advanced noticed of proposed rulemaking (ANPRM) to seek public comment on ways to “streamline” federal consistency reviews for offshore energy production. The ANPRM indicates that NOAA also is considering speeding up the appeals process for projects that have not received consistency certifications by limiting the scope of information the Secretary of Commerce can consider on appeal.

  • April 2019

    On April 25, 2019 New York Attorney General Letitia James led a nine state coalition in filing comments expressing concern about the ANPRM and opposing NOAA’s proposal. The AGs raised concerns that NOAA’s proposal could limit state authority to challenge new projects in their coastal waters by restricting their timely access to necessary information and limiting the scope of review of state objections to projects. The AGs also warned that NOAA’s proposal is inconsistent with the intent of the Coastal Zone Management Act, which seeks to promote cooperative federalism. The attorneys general also questioned whether speeding up the appeals process is necessary as there have only been 18 appeals since 1978 and none since NOAA adopted new consistency review regulations in 2006.

    *The comment period has closed and the agency has issued no further information on whether or when it intends to finalize the rule.