“Admitted in NY, MD, DC" 1629 K Street NW Ste. 300 Washington D.C. 20006 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 prospects. 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 source. 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 oceans. 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 bet. 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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