Collection of Law Review Articles Regarding Offshore Wind and MHK by carolynelefant


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Collection of Law Review Articles Regarding Offshore
                   Wind and MHK
Law Review Articles
       i. David Leary & Miguel Esteban, Climate Change and Renewable Energy from
          the Ocean and Tides: Calming the Sea of Regulatory Uncertainty, 24 THE INT’L J.
          OF MARINE AND COASTAL L. 4, (2009). Leary and Esteban examine the potential
          of offshore renewables as a source of renewable energy and argue that one of
          the biggest challenges faced by ocean energy today is the uncertain state of
          regulation under domestic legal systems.
      ii. Holly V. Campbell, Emerging from the Deep: Pacific Coast Wave Energy, 24 J.
          Envtl. L. & Litig. 7 (2009). Campbell proposes a national single permit system
          for offshore renewable energy.
     iii. Megan Higgins, Is Marine Renewable Energy a Viable Industry in the United
          States - Lessons Learned from the 7th Marine Law Symposium, 14 Roger
          Williams U. L. Rev. 562 (2009). Higgins introduces ocean renewable energy
          technologies and reviews the current challenges (and potential solutions) for the
          siting, regulation, and implementation of these technologies in the United States
          as identified by the Symposium participants.
     iv. Ed Feo & Josh Ludmir, Challenges in the Development and Financing of
          Offshore Wind Energy; 14 Roger Williams U. L. Rev. 672 (2009). Feo and
          Ludmir discuss technological, operational, economic, and regulatory challenges
          facing offshore wind energy in the US and Europe with an eye toward future
      v. Jack K. Sterne, et al., The Seven Principles of Ocean Renewable Energy: A
          Shared Vision and Call for Action,14 Roger Williams U. L. Rev. 600 (2009).
          Sterne and contributing authors lay out seven principles the federal government
          should adopt to resolve key regulatory issues currently constraining ocean
          renewable energy development.
     vi. Sarah McQuillen Tran, Why have Developers been Powerless to Develop
          Ocean Power, 4 Tex. J. Oil Gas & Energy L. 195 (2008-2009). Tran tackles the
          heated territorial dispute between FERC and MMS for control over offshore
          renewable energy projects. Tran argues that FERC should have lead authority
          since it (1) has already established a regulatory regime better designed for a
     nascent energy industry; (2) possesses the greatest expertise with hydropower;
     and (3) already has primary jurisdiction over hydrokinetic projects out to 3
     nautical miles.
vii. Mark Sherman, Symposium: Greening The Grid: Building A Legal Framework
     For Carbon Neutrality: Comment: Wave New World: Promoting Ocean Wave
     Energy Development Through Federal-State Coordination And Streamlined
     Licensing, 39 Envtl. L. 1161 (2009). Sherman examines the recent spat between
      FERC and MMS over permitting offshore renewable energy projects. Sherman
      concludes federal ocean renewable energy conversion legislation is needed.
      Specifically, the legislation would remove FERC from any licensing authority on
      the Outer-Continental Shelf and designate coastal states as licensing authorities
      for renewable energy projects in their waters. The legislation would also
      designate MMS as a "one stop" agency and require the agency to refine its final
      rule with provisions specific to the unique aspects of this renewable energy
viii. Nicholas J. Lund, Comment: Renewable Energy As A Catalyst For Changes To
      The High Seas Regime, 15 Ocean & Coastal L.J. 95 (2010). Lund examines the
      legal history of the high seas and addresses whether the extraction of renewable
      resources is possible on high seas under the current UNCLOS regime and, if
      not, whether regulations based on the current fishing and deep seabed mining
      systems would serve as effective models for a renewable energy regime.
 ix. Rachael E. Salcido, Symposium: Greening The Grid: Building A Legal
     Framework For Carbon Neutrality: Symposium: Article: Rough Seas Ahead:
     Confronting Challenges To Jump-Start Wave Energy, 39 Envtl. L. 1073 (2009).
     Salcido examines various challenges to the goal of accelerating wave energy
     development within the sustainable development framework. She has specific
     recommendations for hastening the development of ocean renewables,
     prioritizing research that will prove the "green credentials" of wave energy, and
     establishing marine reserves and conservation areas in an ecosystem-based
     ocean management system that plans for the sustainable long-term health of our
  x. Jacqueline S. Rolleri, Note & Comment: Offshore Wind Energy in the United
     States: Regulations, Recommendations, and Rhode Island, 15 Roger Williams
     U. L. Rev. 217 (2010).
 xi. Michael P. Giordano, Comment: Offshore Windfall: What Approval Of The
     United States' First Offshore Wind Project Means For The Offshore Wind
     Energy Industry, 44 U. Rich. L. Rev. 1149 (2010). Giordano examines the Cape
     Wind project, the first large-scale United States offshore wind project. He
     concludes that the offshore wind industry is poised for enormous growth
     immediately after Cape Wind’s turbines are spinning and providing electricity
     to the power grid.
xii. Gardiner Morse, Six Sources Of Limitless Energy? 87 Harvard Bus. Rev. (2009).
     Morse addresses the growing world appetite for energy by examining high-
     altitude wind turbines, genetically engineered algae for biofuel, wave power
      from the ocean, nuclear fusion, enhanced geothermal systems, and solar cells
      in space. He concludes that they all have serious backing, but not one is a sure
xiii. Kieran Dwyer, UNCLOS: Securing the United States' Future in Offshore Wind
      Energy, 18 Minn. J. Int'l L. 265 (2009). Dwyer examines how the United States’
      ratification of UNCLOS will secure U.S. interests in the development of offshore
      wind power. She concludes that UNCLOS could encourage the exploitation of
      offshore wind resources by providing the security and clarity of law.
xiv. Joseph J. Kalo & Lisa C. Schiavinato, Wind Over North Carolina Waters: The
      State’s Preparedness To Address Offshore And Coastal Water-Based Wind
      Energy Projects, 87 N. Carolina L. Rev.1820 (2009). Kalo and Schiavinato
     discuss US offshore wind projects, technical limitations of such projects in
     North Carolina coastal waters, new regulations for leasing the Outer
     Continental Shelf, the necessity of the State to use the Coastal Zone
     Management Act consistency requirement to protect state interests, and the
     state’s existing regulatory structure. The authors conclude that if the State
     wishes to promote this form of renewable energy, agency jurisdictional conflicts
     need to be removed, coastal development policies need to be modified, and its
     submerged lands leasing statutes need to be revised.
 xv. Constantine G. Papavizas and Gerald A. Morrissey III, Does the Jones Act Apply
     to Offshore Alternative Energy Projects?, 34 Tul. Mar. L. J. 377 (2010).
     Papavizas and Morrissey analyze, in the context of offshore alternative energy
     sources, U.S. maritime trade laws, or “cabotage” laws, restricting offshore
     activities to qualified U.S.-flagged vessels. While other commentators have
     assumed that cabotage laws apply to offshore alternative energy projects, these
     authors examine that assumption to find that all the maritime cabotage laws
     apply without doubt to U.S. territorial or navigable waters. Beyond those waters
     the application of cabotage laws to alternative energy projects is uncertain
     because the application of most federal laws to outer continental shelf
     installations appears restricted to oil-and gas-related activity.
xvi. Michelle Eva Portman, et al., Offshore Wind Energy Development in the
      Exclusive Economic Zone: Legal and Policy Supports and Impediments in
      Germany and the U.S., 37 Energy Pol’y 3596 (2009). Portman and others
      review legal and policy documents, laws and regulations, academic literature,
      and interviews that figure most prominently for the development of offshore
      renewable energy policies. After assessing the role of coastal nations' domestic
      legal and policy frameworks in the siting of offshore renewable energy, they
      conclude with observations about prominent supports and impediments and
      suggestions for further research.
xvii. Special Issue on Marine Renewable Energy, 23 Oceanography (2010). This
      special issue on marine renewable energy addresses three key topics related to
      development of offshore renewables: technological development and
      deployment; the regulatory environment; and international perspectives. With
       over 12 articles, this issue of Oceanography is an important resource combining
       the observations of regulators, scientists, project developers and academics.
xviii. Brandi Colander, Where the Wind Blows: Navigating Offshore Wind
       Development, Domestically and Abroad, 3 The Electricity J. 61 (2010).
       Colander reviews offshore wind power globally and domestically. She
       examines projects and pending projects in Denmark, the UK, and coastal New
       England and Mid-Atlantic states.
 xix. David Leary & Miguel Esteban, Renewable Energy from the Ocean and Tides: A
      Viable Renewable Energy Resource in Search of a Suitable Regulatory
      Framework, 3 The Carbon & Climate L.Rev. 417 (2009). Leary and Esteban
      contend that ocean energy is on the threshold of providing a reliable base-load
      source of commercial-scale electricity. Technological barriers still exist, but the
      lack of clear regulatory frameworks is emerging as the bigger barrier to large-
      scale ocean energy development. The authors argue that regulatory
      frameworks need to recognize “the relatively benign environmental impacts” of
      ocean energy. They also say that existing permitting regimes need further
      streamlining, and the industry needs feed-in tariffs.

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