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OFFSHORE WIND ENERGY DEVELOPMENTS
by Law Offices of Carolyn Elefant
(updated 6/30/03)
New (6/30/03) - we have added some new resource links at the bottom of this page. Also, for current events on offshore development, check our weblog, Renewablesoffshore.blogspot.com.
These days, there's another new version of renewable energy blowing its way towards U.S. shores: offshore wind energy. Last fall, developers of a 170 turbine windmill farm with a 420 MW capacity filed a permit
with the U.S. Army Corps of Engineers. see "Sifting Through Hyperbole,"
John Leaning's article in the Cape Cod Times for a full history of the Cape Cod project. Now, the Long Island Power Authority
is on the verge of issuing an RFP for offshore wind proposals off the coast of Long Island
while
other developers have come forward, identifying
offshore sites up and down the East Coast. (See "Wind Farm Plans Expand,"
John Leaning, Cape Cod Times 9/3/02).
Should be a breeze, eh? After all, land based wind farms have been sited and operated nationally within the United States with little incident for years. Unlike some other emerging renewables, wind
developers can offer up a proven track record of operation and reliability. And of course, wind energy provides
clean, green, power -- it's not a nuclear power plant or a dirty coal plant. So who wouldn't want a wind plant
in their backyard or back shores as the case may be?
Many people, as the Cape Cod offshore project developers have discovered. Project
opponents have already
filed two lawsuits in federal and state court respectively to block construction of a monitoring tower to gather data on wind resources. See
"Wind Foes File Challenge to Tower Approval" John Leaning, Cape Cod Times (8/30/02) and
"Work Halted on Wind Tower" Mandy Locke
Martha's Vineyard Gazette (September 29, 2002).
Wind opponents have voiced concerns related to aesthetics,
adverse environmental impacts or lack of benefits to be received from project power. But right now,
wind opponents on the Cape have access to one of the most powerful tools to squash
a project: regulatory uncertainty. Our firm has already discussed this issue in a recent article related
to ocean energy projects but "Regulatory Uncertainty in Ocean Energy
Development" (Energy Pulse - November 2002). Essentially, with respect to the Cape proejct, opponents have argued that the Corps lacks jurisdiction to permit a project beyond three miles from Shore because project owners have no ability
to aquire interest in those lands for project purposes. In some ways, Cape developers should be grateful that
jurisdictional issues have been raised now, because jurisdiction is a non-waivable and
mandatory requirement for an agency issuing a permit -- and one that can be raised even after a
lenghty permit process has taken place and a permit has issued.
Even if the jurisdictional issues are resolved in the Cape Wind developer's favor,
other hurdles to acquiring a permit remain. Developers will need to work with federal and state
resource agencies, environmental groups, local fishermen and residents and other stakeholders in the
process to create solutions which will satisfy all interests. Our law firm has represented numerous
developers and interests in hydroelectric licensing proceedings before the Federal Energy Regulatory
Commission (FERC). The FERC hydroelectric licensing process, which also involves impacts to waters and
multiple interests -- gives insight into what might be expected in an offshore wind permitting process.
Researchers at the Social, Economic Institution of U.S. Geological Service analyzed various FERC
license proceedings and developed tips for successful negotiation and collaboration amongst interest groups.
See
"Negotiation in the Hydro Process: Factors of Success"
Below, we have listed several resources which may assist offshore wind energy developers
by familiarizing them with some of the issues related to offshore development and what can be expected
in getting the projects into the water and on-line. Our firm is also available to work with developers to
devise a protocol for resolving complex development related issues and bringing offshore projects on-line.
For additional information, please contact Carolyn Elefant
at the Law Offices of Carolyn Elefant.
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