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13 Ariz. J. Env't L. & Pol'y 1 (2022-2023)

handle is hein.journals/arijel13 and id is 1 raw text is: ARIZONA JOURNAL OF ENVIRONMENTAL LAW & POLICY VOLUME 13 FALL 2022 ISSUE 1 THE REGULATORY STATE AND THE EMERGING OFFSHORE WIND ENERGY MARKET IN THE UNITED STATES Tade Oyewunmi* Offshore wind energy technologies are generally regarded as variable baseload systems. They could therefore serve a crucial role in a net-zero or carbon- neutral electricity supply grid. With the spate of growing commercial and government-policy interests in offshore wind, it is important to examine how and to what extent the framework of assessing and reviewing project plans, as well as the process of engaging with impacted stakeholders or alternative users of the outer continental shelf can become more efficient and less controversial. Thus, this paper discusses the emerging offshore wind energy market in the U.S. and highlights the role of the regulatory state in facilitating a more efficient leasing and permitting process for projects without compromising the protections afforded under applicable laws and regulations. Adopting a thorough yet standardized review of relevant project plans and proactive stakeholder engagement processes is recommended at an early or appropriate time during the permitting process. Understanding the opportunity costs of delayed and canceled projects, addressing misperception of risks, and standardizing best practice measures for resolving common issues could make project review process(es) more efficient. Considering experiences in other jurisdictions such as the UK, such efficiency gains are achievable while protecting the environment and legitimate interests of other users in the outer continental shelf *Assistant Professor, University of North Dakota School of Law. I am thankful for comments and feedback received to earlier drafts of this paper from Alexandra B. Klass, Hope Babcock, Robin Craig, Eric Biber, and other participants of the 2021 Natural Resources Law Teachers Institute Virtual Works-In-Progress Lightning Rounds, June 4, 2021. I also like to thank Monika Ehrman, James Coleman, John W. Head, Robin Craig, Keith Hall, and Todd Aggard for their valuable feedback and comments during the 2022 Natural Resources Law Teachers Workshop in Vail, CO, July 23, 2022. Charles Lockwood (JD 2022, Oregon) and Mathew Bain (JD 2022, Oregon) provided excellent research assistance.

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