Final Summary Report: Em-Powering Coastal States and Utilities through Model Offshore Wind Legislation and Outreach (original) (raw)
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Access System Framework for Regulating Offshore Wind Power in State Waters
Coastal Management, 2009
Although there is considerable interest among wind power developers in the coastal states, few projects have been proposed to date. A major factor constraining resource development is the lack of a regulatory framework to provide access to the ocean space and allocate property rights to the submerged lands where the wind turbines can be installed. Efforts to address this void began in 2005 at the federal level, but it has progressed unevenly and unsuccessfully since that time. At the state level, no coastal state has adopted a comprehensive and detailed regime to regulate, manage, and oversee this new ocean use in state waters. This article examines various approaches taken by coastal states to facilitate existing and emerging ocean uses and recommends a regulatory framework for installing offshore wind turbines in state waters.
Loyola University Chicago Law Journal, 2011
The aftermath of the April 2010 explosion of the Deepwater Horizon oil-drilling rig in the Gulf of Mexico has caused the United States to reevaluate its energy production. In the wake of the tragic oil spill, now known to be the worst environmental disaster in the nation’s history, a new source of energy has gained momentum; offshore wind technology is taking hold. On October 6, 2010, the U.S. Secretary of the Interior issued the first offshore renewable energy lease in United States history to Cape Wind Associates, signaling the beginning of a new era in domestic electricity production. While this first lease has sparked a race among states to be the first to implement offshore wind technology, the legal framework that enabled the issuance of the lease remains problematic in one key respect: it applies only to federal bottomlands and therefore fails to provide prospective offshore wind farm developers with access to bottomlands under state control. While this may prove to be only a minor speed bump in an otherwise streamlined process for states on the coasts, it leaves states in the Great Lakes region at a severe disadvantage. Because all land within the Great Lakes is controlled by the surrounding states, the leasing process that allows offshore wind development on the coasts does not apply within the Great Lakes, leaving a gray area in the law. While the Great Lakes region is home to enormous wind resources and political drive for renewable energy, the implementation of offshore wind technology in the region will likely be hampered or significantly delayed due to the regulatory confusion that remains in the absence of an established permitting process. In light of this shortcoming in the federal statute, this Comment analyzes the potential for successful implementation of offshore wind farms in the Great Lakes given the current state-level regulatory framework, and proposes that the Great Lakes states join in multi-state action to establish a streamlined permitting process and attract offshore wind development to the region. In order to provide adequate perspective on the matter, Part II provides a broad overview of the state and federal regulatory incentives established to encourage development of renewable energy and examines the legal claims that have operated as disincentives to the implementation of offshore wind technology. Part III then discusses the federal procedures for issuing offshore renewable energy leases, and describes the geographic and regulatory limitations that confine these procedures to the coasts. Next, Part IV uses Illinois as an example to analyze the extent and causes of the regulatory uncertainty that remains at the state level, and specifically in the Great Lakes region, concluding that, when faced with the threat of costly and time-consuming litigation, prospective developers will avoid siting projects in the Great Lakes. Finally, Part V proposes that the states in the Great Lakes region join together in multi-state action to remedy the shortcoming in the federal law by establishing a permitting process applicable to the state-controlled bottomlands in the Great Lakes.
Potential role of power authorities in offshore wind power development in the US
Energy Policy, 2011
This article examines how power authorities could facilitate and manage offshore wind power development in US coastal waters. The power authority structure is an American 20th century institution for managing energy resources-a form of a public authority or public corporation dedicated to creating, operating and maintaining electric generation and transmission infrastructure. Offshore wind power is characterized by high capital costs but no fuel costs and thus low operating costs. Therefore a power authority, by virtue of its access to low-cost capital and managerial flexibility, could facilitate offshore wind power development by reducing financial risk of developing and lowering debt payments, thus improving the risk profile and lowering the cost of electricity production. Additionally, power authorities can be made up of multiple states, thus opening the possibility for joint action by neighboring coastal states. Using primary and secondary data, we undertake an in-depth analysis of the potential benefits and shortcomings of a power authority approach.
The Cost of Contentiousness: A Status Report on Offshore Wind in the Eastern United States
SSRN Electronic Journal, 2000
While successful elsewhere, the offshore wind energy sector has been unable to launch off the Atlantic coast of the United States. We explore the regulatory, political, and legal factors behind the delays encountered by American offshore wind. We also provide an update on the regulatory changes that federal and state governments are adopting to overcome the barriers to the sector's emergence. We ascribe offshore wind's difficulties to a costly and contentious development cycle, which is due in part to a fragmented regulatory landscape and inconsistent political support. We see reasons for optimism, however, in the regulatory reforms being enacted at the state and federal levels. These reforms add clarity to the permitting and leasing process, and they offer various kinds of direct support to offshore wind energy developers.
COASTAL WIND ENERGY AND THE UNITED STATES: AN OVERVIEW
csc.noaa.gov
Moving wind forward as an alternative energy source for the United States requires collaboration between the scientific community, state and national policymakers, and entrepreneurs. This paper considers some of the many issues confronting the U.S. in developing an offshore wind energy policy. Wind farms are proposed offshore of Massachusetts, New York, and North Carolina. Offshore wind turbines are used widely in Northern Europe and many inland states have well-established wind energy programs. Much of their experience can be applied to coastal projects. Problems are site-specific and controversies ever present. Underlying geology, wind direction and intensity, and oceanographic conditions vary widely. Tourists and locals may dislike the sight of wind towers in their estuaries and against their sunsets. Crucial habitats for migratory birds, marine mammals, and commercial fish may be impacted, yet research on possible environmental costs is sparse. Wind entrepreneurs must navigate multiple jurisdictions and find little government bureaucracy in place either to facilitate or regulate their activities. Agency responsibilities overlap, but disputes over jurisdiction need to be resolved quickly. Continually improving technologies will make more and more sites suitable. The National Oceanographic and Atmospheric Administration (NOAA) is well positioned to take a leading role because of its stewardship mission, its scientific research funding and collaboration with other agencies on earth observation systems.
Harnessing wind from sea to shining sea: The future of U.S. offshore wind power
This paper will present the current political and technical landscape of successfully implemented offshore wind technologies worldwide and provide suggestions for U.S. growth. The first section will argue that wind projects are essential to reach our goals of mitigating climate change by reducing greenhouse gas (GHG) emissions and implementing renewable energy as an attractive alternative. As the second section will explain, offshore wind plays an important role in this goal: aside from reduced climate change impact and resource abundance, it is also peak-coincident and close to load centers. After illustrating the benefits of offshore wind projects, the third section will delineate some technical and political obstacles to implementation. Finally, the concluding section will make suggestions for advancing offshore wind by providing potential steps to overcoming obstacles.