Hope on the Horizon for Offshore Wind Development? An Examination of the Regulatory Framework Rhode Island Navigated to Make the Nation's First Offshore Wind Farm a Reality, and the Implication ...


Lauren Perkins


Faculty editor: Tim Duane
Publication: Journal of Climate & Energy Law
Volume: 9
Issue: 1
Start Page: 265
Month: June
Year: 2018
Type: Comment
Subject Area: Environmental & Energy Law
Instititional Repository (IR) location of full article: https://digital.sandiego.edu/jcel


After establishing the reasons for why creating a more efficient permitting system is crucial, this Article examines the question of under what conditions BOEM, the lead agency in the offshore wind permitting process, delegates authority to a state so that it may permit a project in federal waters under the CZMA without running into federal preemptory roadblocks. This question is of utmost significance in California and Hawaii where projects utilizing floating turbine technology are proposed to be located in federal waters to take advantage of optimal wind gusts farther offshore. After examining the conditions favorable for federal delegation of the permitting process, this Article examines California’s coastal management plan and it’s implementing agencies to analyze whether California would be able to utilize BIWF’s model strategy to expedite project approval under the CZMA without court action.