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77 Rutgers Univ. L. Rev. Commentaries 1 (2024)

handle is hein.journals/rgsusty77 and id is 1 raw text is: 










SPINNING OUR WHEELS: WHY OFFSHORE WIND PROJECTS
         STALL  AND   HOW   TO SPEED   UP  THE  PROCESS

                            Sam  Little*

                            ABSTRACT

      Halloween  2023 was a truly scary day for the offshore wind
    industry. The world's largest offshore wind developer, Orsted,
    canceled the United States' largest offshore wind projects off the
    coast of New Jersey, Ocean Wind 1 and Ocean Wind 2. The news
    blew  through   the renewable  energy  sector, undermining
    ambitious  climate  goals  set by  both  state and   federal
    governments. Once  thought  to be too big to fail, this paper
    examines  the legal, regulatory, and policy shortcomings that
    contributed to the demise of these projects and proposes reforms
    to support the growth of the offshore wind industry.

      Every level ofgovernment must make changes to better support
    the critical transition to renewable energy. The Department of
    Interior must  reimagine  its administrative procedures  by
    frontloading programmatic  environmental impact  statements,
    combined  with larger and more efficient BOEM staff, to reduce
    risk and avoid a future Ocean Wind. Congress and the Treasury
    Department  must produce clear tax credit eligibility guidance for
    developers and  revise existing legislation to provide direct
    subsidies rather than ambiguous tax credits. New Jersey and
    local governments  should negotiate flexible agreements that
    accommodate    macroeconomic    fluctuations  and    update
    municipal plans  to accommodate  the surge in offshore wind
    development applications.




       J.D. Candidate, Rutgers Law School, May 2025. I dedicate this piece to the Jersey
Shore. The Shore has given me so much and I am so proud of its potential to provide power,
opportunity, and health to many more throughout the state. Thank you to my parents, to
Chazz, Henry, and George, to Madeline, and to Professor Gold for sticking with me along
my twisting academic journey.


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