TY - JOUR
TI - The Cape Wind Offshore Wind Energy Project: A Case Study of the Difficult Transition to Renewable Energy
AU - Kimmell, K
AU - Stalenhoef, D
T2 - Golden Gate University Environmental Law Journal
AB - The BP Gulf disaster gave us pause for many reasons, including the tragic loss of human life, the untold impacts to natural resources and the environment, the exposure of numerous shortcomings related to our piecemeal regulatory system, the discord between state and federal oversight, and corporate cost savings measures implemented at the expense of safety and sound engineering. The events that unfolded in the Gulf of Mexico, before the eyes of world, were a harsh reminder of the global imperative to minimize reliance on fossil fuels for our energy needs.This article presents the story of one renewable energy alternative that is available wherever the wind blows strong and steady. If that alone is not sufficient enticement to read further, the authors also promise to present one of the most engaging permitting sagas ever known to this field. Indeed, the Cape Wind Energy project was held captive by the permitting process for nearly a decade – in stark contrast to numerous offshore oil projects – due to the imposition of disproportionally rigorous regulatory scrutiny and the dogged political pressure applied by a few wealthy homeowners with ocean views in the direction of the proposed wind farm.As we collectively consider “new priorities,” renewable offshore energy projects like Cape Wind should be at the top of our list. The experience of Cape Wind in navigating the rough seas of state and federal permitting, and in many cases blazing a trail for future project proponents, is as instructive as it is compelling. This article addresses Cape Wind, the nation’s first offshore wind energy project proposed for Nantucket Sound in federal waters adjacent to Massachusetts. Part I provides an overview of the project and itsimportance and describes its long and complicated permitting path. Part II analyzes how the Cape Wind experience highlights flaws in the federal permitting process and offers recommendations for remedying those flaws. Part III describes the complex jurisdictional issues that Cape Wind faced because the wind turbines are proposed to be located in federal waters, while the electric cables that transmit the electricity to the mainland would lie in the seabed of state waters. Part III also analyzes the federal and state court opinions, and relevant statutory authority, that ultimately resolved the jurisdictional disputes. Part IV concludes with a brief summary of Cape Wind’s long-term prospects.
DA - 2011/01//
PY - 2011
VL - 5
IS - 1
LA - English
KW - Wind Energy
KW - Fixed Offshore Wind
KW - Human Dimensions
KW - Legal & Policy
ER -