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, and wind powered facilities are becoming progressively more prevalent across America and internationally.
Why Offshore Wind?
Offshore wind turbines are operable in deeper waters, which allows turbines to access up to 60 percent more wind power than many traditional land based locations. Wind energy generation requires no fuel and creates zero harmful emissions.
Offshore Wind and Its Legal Implications
Since these turbines sit in water bodies, questions arise regarding state versus federal jurisdiction. The Submerged Lands Act of 1953 exacts jurisdiction over submerged land up to three nautical miles offshore in the Atlantic or Pacific oceans, with federal jurisdiction extending beyond that line.
Other Things to Know About Offshore Wind Projects
Recent amendments to the National Ocean Policy Implementation Plan emphasize better agency communication, improved mapping capabilities, and a streamlined permitting framework. Energy law practitioners will prove essential for managing negotiations, creating policy documents, and enforcing applicable regulations as offshore wind projects move forward.