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EnvironmentMar 16, 20211 min read

What You Need to Know about Offshore Wind Power and Energy Law

Douglas Healy

Generating electricity in more efficient ways is a major concern as the world's population continues to grow. Sustainability has never been more important, and wind-powered electrical plants are gaining momentum in the United States and beyond.

Why Offshore Wind?

Offshore wind turbines are operable in deeper waters, which allow turbines to access up to 60 percent more wind power than many traditional land-based locations. Wind power provides generation that requires no fuel and produces no harmful emissions.

Offshore Wind and Its Legal Implications

Since offshore wind turbines are located in bodies of water, the question of state vs. federal jurisdictional waters comes into play. The Submerged Land Act of 1953 exacts jurisdiction over submerged land up to three nautical miles offshore in the Atlantic or Pacific oceans.

Other Things to Know About Offshore Wind Projects

Recent amendments to the National Ocean Policy Implementation Plan focus on greater information exchange between agencies, mapping technology, and a more cohesive permitting process. Attorneys focusing on energy law will be critical for managing negotiations, drafting policy, and helping to enforce related laws.