Abstract: . . .  renewable energy purposes. It is also questionable whether the Army Corps of Engineers, which has jurisdiction under the Rivers and Harbors Act and the Outer Continental Shelf Lands Act to permit obstructions to navigability, may authorized the use of the OCS for offshore wind development under current law. Multiple pieces of legislation have been introduced in the 108th and 109th Congresses to respond to these concerns, each proposing different regulatory regimes. At this time, however, offshore wind energy projects continue to move forward despite legal uncertainty as to permitting and regulatory authority.  . . .
. . .  and State Permitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Corps Regulation Challenge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Use of the OCS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Recent Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Wind Energy: Offshore Permitting Technological advancements and tax incentives have driven a global expansion in the development of renewable energy resources. Wind energy, in particular, is now often cited as the fastest growing commercial energy source in the world.1 Currently, unlike much of Europe,2 all wind power facilities in the United States are based on land; however, multiple offshore projects have now been proposed, including the Cape Wind project off the coast of Massachusetts and Winergy’s . . .
. . .  areas for renewable energy purposes. It is also questionable whether the Army Corps of Engineers, which has jurisdiction under the Rivers and Harbors Act and the Outer Continental Shelf Lands Act to permit obstructions to navigability, may authorized the use of the OCS for offshore wind development under current law. Multiple pieces of legislation have been introduced in the 108th and 109th Congresses to respond to these concerns, each proposing different regulatory regimes. At this time, however, offshore wind energy projects continue to move forward despite legal uncertainty as to permitting and regulatory authority.  . . .
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