Offshore Wind: Government Control and the Regulatory Landscape

Abstract

ABSTRACTThe open ocean, especially off the eastern seaboard of the United States, presents a significant opportunity for the generation of electricity with the development of offshore wind projects. The first offshore wind project commenced operation during 2016 with a five-turbine project in Rhode Island. It is anticipated this is the first of many offshore wind projects that are expected along the East Coast of the United States. The legal and regulatory landscape for the development of offshore wind projects is complex and expensive. Projects are typically fifteen miles offshore where the federal government has jurisdiction and is responsible for leasing the ocean bottom for projects. Additionally, the U.S. Army Corps of Engineers has jurisdiction with regard to the disturbance of the ocean bottom. The state's jurisdiction commences within three miles of the coast, where the principal role for the states will be permitting for transmission lines both offshore and onshore.