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.

• Renewablesoffshore Weblog(updates on current events and new issues concerning marine renewables)
• Offshore Wind Energy: Ready To Power December 2001 (charts of European regulations governing wind energy)
• Offshore Resources by the Clean Energy States Alliance (a good list, with a few downloadable papers and articles)
• H.R. 793 (legislation which would authorize DOI to lease outer continental shelf for offshore renewables development - 2/26/03) H.R. 1183(legislation authorizing NOAA to issue licenses for offshore renewable development in coastal zones)
• List and Links to Laws Governing Ocean Development (list prepared by University of Mississippi Sea Grant College)
• Cape Cod Times Archive on Cape Wind Project (contains an archive of all stories on the Cape Wind project and numerous resources on wind energy development)
• US Army Corps of Engineers EIS Scoping Document for Cape Wind Project (The scoping document identifies all potential impacts of the Cape Wind project to be studies in the EIS and give insight to future developers as to those issues that matter to the public and other interested parties)
  
• Offshore Development of Wind Energy Facilities: Jurisdictional and Regulatory Analysis Jeffrey Freedman for LIPA (August 2002)
  
• Transmission Options for Offshore in the U.S.Sally Wright, Renewable Energy Research Labs, University of Massachusetts
  
• New England Wind Projects That Did Not Get Permitted or Built Nils Bolgen, Massachusetts Renewable Energy Trust, (October 24, 2001)
  
• H.R. 5156 (Proposed legislation, HR 5156 designed to resolve jurisdictional issues related to permits for renewable projects on the Outer Continental Shelf
  
• Defining Issues In Interagency Environmental Negotiations" publications by U.S. Geological Survey
  
• and don't forget our website, LOCE Ocean Energy Resources with information on federal and state laws potentially applicable to ocean and offshore projects.