BLM Issues Final Rule Supporting Development of Renewable Energy

On May 1, 2024, BLM issued a final regulation updating procedures governing BLM’s renewable energy and right-of-way programs, following issuance of the proposed rule a year earlier. 89 Fed. Reg. 35634 (May 1, 2024); 88 Fed. Reg. 39726 (June 16, 2023). The final regulation focuses on two areas. First, the regulation implements new BLM authority under the Energy Act of 2020 to “reduce acreage rental rates and capacity fees, or both, for existing and new wind and solar authorizations.” Second, the regulation “expand[s] agency discretion to process applications for solar and wind energy generation rights-of-way inside designated leasing areas – areas identified under existing BLM plans with high potential for renewable energy production and few conflicts with other resources or uses. Following issuance, the rule was subject to several minor technical corrections. 89 Fed. Reg. 53869 (June 28, 2024); 89 Fed. Reg. 104889, (Dec. 26, 2024).