Neither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
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Neither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
Boston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither Out Neither Out Far Nor in Deep- The Prospects for Utility-Scale Windt Far Nor in Deep: The Prospects for Utility-Scale WindPower in the Coastal ZoneRusty RussellFollow this and additional works at: https://lawdigitalcommons.bc.edu/ealrCf Part of the Energy and utilities Law Commons, and the Environmental Law CommonsRecommended CitationRusty Russell. Neither Out Far Neither Out Far Nor in Deep- The Prospects for Utility-Scale WindNor in Deep: The Prospects for Utility-Scale Wind Power in the Coastal Zone. 31 B.c. Envtl. Aff. L. Rev. 221 (2004),https://lawdigrtalcommons.bc.edU/eNeither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
alr/vol31/iss2/3This Symposium Article is brought to you for free and open access by the Lav/ Journals at Digital Commons © Boston College Law School.Boston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither Out Neither Out Far Nor in Deep- The Prospects for Utility-Scale Wind School. For more information, please contact abraham bauer@bc.edu.NEITHER OUT FAR NOR IN DEEP: THE PROSPECTS FOR UTILITYSCALE WINDPOWER IN THE COASTAL ZONERusty Russell*Abstract: Utility-scale winds in shallow offshore areas offer a significant source of clean energy to help meet green power commit Neither Out Far Nor in Deep- The Prospects for Utility-Scale Windments, growing electricity demand, and the heightened challenges of climate change and ail pollution. This is particularly true in the Northeastern UnNeither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
ited States, which has few’ indigenous energy' sources and serious transmission constraints. But the primary regulatory mechanism for mediating among Boston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither Out Neither Out Far Nor in Deep- The Prospects for Utility-Scale Wind project veto opportunities. State coastal zone programs may not sufficiently account for wind generation’s broad environmental benefits. Thus, regulatory outcomes—fueled by inapt analogies to a history of offshore oil and gas exploitation—will disfavor this clean energy’ source. Federal and state a Neither Out Far Nor in Deep- The Prospects for Utility-Scale Winduthorities should better coordinate their coastal management programs to enable responsible siting where near-shore wind power potential is most promiNeither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
sing.. . . while we listen to the bells— anywhere, but somewhere else!—Robert Lowell, Waking Early Sunday Morning'There’s almost always a better site Boston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither Out Neither Out Far Nor in Deep- The Prospects for Utility-Scale Wind Tufts University, and has taught energy regulation, environmental law and policy, and property law at other universities and law schools in the Boston area. He also consults with nonprofit organizations and government agencies on environmental matters.1Robert Lowell, Near the Ocean 20 (Farrar, Stra Neither Out Far Nor in Deep- The Prospects for Utility-Scale Windus 8c Giroux) (1967).2Bill McKibben, Serious Wind: Why Environmentalists Should Be Careful What They Wish For, Or ION, July-Aug. 2003, at 14, 15.222EnNeither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
vironmental AffairsIntroductionWhat goes around comes around. Policymaking moments, like the winds, visit in cycles. For a brief moment in the early 1Boston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither Out Neither Out Far Nor in Deep- The Prospects for Utility-Scale Wind coast was to be the site of what would have been the first offshore wind power development in the country.4 Although those plans were abandoned,5 the passing of another three decades finds the region—indeed, the entire Northeastern seaboard—awash in proposals to site America’s first utility-scale w Neither Out Far Nor in Deep- The Prospects for Utility-Scale Windind farms in the open ocean. By early 2003, nearly two dozen offshore projects from Massachusetts to Virginia were under discussion. Based on the initNeither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
ial applications, these projects totaled nearly 13,000 megawatts, or about forty percent of the capacity available to the entire six-state region.6In Boston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither Out Neither Out Far Nor in Deep- The Prospects for Utility-Scale Windnumber of observers, is ready to compete head-to-head with the conventional technologies that continue to generate the bulk of the nation’s electricity: combustion of coal and natural3The distinction was fleeting. In 1945, the wind turbine atop Grandpa’s Knob, a 1976-foot hillock northwest of Rutlan Neither Out Far Nor in Deep- The Prospects for Utility-Scale Windd, Vt., threw its eight-ton blade 750 feet, then lapsed into disrepair. Its foundations remain today. See Kừn R. York & Richard L. Settle, Potential LNeither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
egal Facilitation or Impediment of Wind Energy Conversion System Siting, 58 Wash. L. Rev. 387, 400 (1983); Telephone Interview with Gordon Cawood, EleBoston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither Out Neither Out Far Nor in Deep- The Prospects for Utility-Scale Winderator, Central Vermont Public Service (Dec. 8, 2003).4J.F. Manwell et al.. An Offshore Wind Resource Assessment Study for Nau England, 27 Renewable Energy 175,175 (2002).5Id.’, E-mail from James F. Manwell, Director, Renewable Energy Research Laboratory, University of Massachusetts, Amherst, to Rus Neither Out Far Nor in Deep- The Prospects for Utility-Scale Windty Russell (Dec. 8, 2003,10:15:04 EST) (on file with author).6Total installed capacity of the New England grid is more than 31,000 megawatts. ISO NewNeither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
England, at http://www.iso-ne.com/ (last visited Jan. 12, 2004). For several offshore wind power proposals, see WiNERGY, at http://www.wTnergyllc.com/Boston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither Out Neither Out Far Nor in Deep- The Prospects for Utility-Scale Windaters off of six states from Massachusetts to Virginia—although the company subsequently withdrew some of its proposals. Id. Additionally, Cape Wind Associates has proposed a controversial 130-turbine, 420-inegawatt wind project on Horseshoe Shoal, a shallow area located in federal waters between Ca Neither Out Far Nor in Deep- The Prospects for Utility-Scale Windpe Cod, on the Massachusetts mainland, and the islands of Martha’s Vineyard and Nantucket. Cape Wind Assocs., at http://www.capewind.org (last visitedNeither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
Jan. 12, 2004). For a definition of capacity, see infra note 20.2004 JThe Prospects for Utility-Scale Wind Power in the Cot httPs://khothuvien -ComgaBoston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither Out Neither Out Far Nor in Deep- The Prospects for Utility-Scale Winder role for wind in the near future. These include: (1) new federal9 and particularly state10 commitments to the development of renewable resources; (2) the intensifying effort to identify broad-scale strategies that can effectively address climate change;11 (3) public recognition of environmental12 Neither Out Far Nor in Deep- The Prospects for Utility-Scale Wind *7In 2002, for example, coal-fired power plants supplied 59.5% of the megawatt-hours of electricity that utilities sold to U.S. consumers; nuclear unNeither Out Far Nor in Deep- The Prospects for Utility-Scale Wind
its provided 19.9%; and natural gas fired generators provided 9%. See U.S. Energy Info. Admin., Electric Power Monthly 9 tbl.1.2 (Apr. 2003), http://tBoston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither OutBoston College Environmental Affairs Law ReviewVolume 31Issue 2 Coastal Wind Power Energy Generation: Capacities and Conflict37987Article 3Neither OutGọi ngay
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