On July 15, 2025, the Office of the Secretary of the Department of the Interior (the “Department”) issued a memorandum—“Departmental Review Procedures for Decisions, Actions, Consultations, and Other Undertakings Related to Wind and Solar Energy Facilities” (the “Memorandum”)—establishing new review procedures applicable to Department undertakings related to wind and solar energy projects. The Memorandum requires all Department “decisions, actions, consultations, and other undertakings” related to wind and solar energy projects to be submitted to “the Office of the Executive Secretariat and Regulatory Affairs, subsequent review by the Office of the Deputy Secretary, and final review by the Office of the Secretary.” The new procedures went into effect on July 15. The Memorandum does not include a sunset date.
The Memorandum creates uncertainty and risk of delays with respect to wind and solar project approvals and consultations subject to Department jurisdiction, including projects on private land.
Department Undertakings Subject to the Memorandum
The Memorandum lists almost 70 types of agency actions subject to the new review procedure. Actions subject to the new review procedure include those related to wind and solar projects on public lands—for example, lease sales, lease assignments, and right-of-way grants, leases, and transfers. The Memorandum also implicates wind and solar projects on private land. For example, consultations under the Endangered Species Act (ESA), Section 106 of the National Historic Preservation Act, as well as permits under the ESA, the Bald and Golden Eagle Protection Act—are covered under the Memorandum. Further, we note that the Memorandum also includes a catchall provision covering “other similar or related decisions, actions, consultations, or undertakings” which underscores its broad nature. Accordingly, the Memorandum appears to subject a wide swath of Department decisions and actions to the newly established review procedures.
New Review Process
On its face, the Memorandum does not pause or otherwise place substantive restrictions on Department actions related to wind and solar projects. Rather, it requires a three-part Department review and approval process: first, the Office of the Executive Secretariat and Regulatory Affairs, followed by the Office of the Deputy Secretary, and finally the Office of the Secretary. The Memorandum does not include additional details regarding the newly established review process.
Implications
Wind and solar project sponsors often must obtain approvals, permits, consultations, and/or seek related input from the Department, including from the Bureau of Land Management and the Fish and Wildlife Service (FWS). This can include significant, substantive actions such as formal consultation under the ESA as well as more routine actions such as FWS approvals of survey methodologies in connection with ESA compliance. Such actions and others, regardless of how routine, now could be subject to the additional review process outlined in the Memorandum. For example, under prior Department practice, wind and solar project sponsors could engage in certain consultations with FWS in part by using the online Information for Planning and Consultation (“IPaC”) tool to assess potential impacts that a project may have on protected species. However, following issuance of the Memorandum, wind and solar projects are not eligible to use IPaC and are now subject to the new review process.
Orrick’s Takeaway
Given the large number of actions subject to the three-part review by Department leadership, the Memorandum has the potential to lead to significant delays and uncertainty in obtaining approvals and other input from the Department. Getting environmental consultants and legal counsel involved earlier in the development timeline may be beneficial as a means to better understand the challenges a particular project may face, as well as to help navigate the issues likely requiring Department review.
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