Offshore Wind Energy: Sophisticated Technology Struggling with Outdated Legislation
![handle is hein.journals/juraba58 and id is 69 raw text is:
OFFSHORE WIND ENERGY:
SOPHISTICATED TECHNOLOGY
STRUGGLING WITH
OUTDATED LEGISLATION
Nicolas Martino*
ABSTRACT: The first commercial offshore wind farm in the United States was com-
pleted in October 2016. Offshore wind has operated commercially in Europe since 1991.
Why has it taken the United States over twenty-five years to enter the offshore wind
industry? This question is more puzzling given the success of comparable types of energy
development in the United States, such as onshore wind energy and offshore oil extrac-
tion. This comment examines some of the reasons why offshore wind energy has lagged
behind other energy strategies in the United States. It draws comparisons between off-
shore wind and offshore oil to show how legislation has treated these energy activities
differently. It then examines the impact of these provisions and recommends how off-
shore wind might benefit from receiving treatment similar to what offshore oil received
over time. Offshore wind energy has significant energy potential and economic benefits,
and yet it is substantially underused. The United States can capture this offshore wind
potential through changes in legislation that will incentivize growth.
CITATION: Nicolas Martino, Comment, Offshore Wind Energy: Sophisticated
Technology Struggling with Outdated Legislation, 58 Jurimetrics J. 59-81 (2017).
In October 2016, Deepwater Wind completed construction on the Block
Island wind project in Rhode Island.I It is the first ever commercially successful
offshore wind project in the United States.2 The Block Island project is small
compared to global standards. It features only five turbines, which collectively
produce approximately 30 megawatts (MW)-enough energy for about 17,000
homes.' By comparison, the average offshore wind project in Europe produces
approximately 338 MW.4 The Block Island project cost around $300,000,000
*J.D. Candidate, Sandra Day O'Connor College of Law, Arizona State University; B.S., 2015,
Environmental & Water Resource Economics, University of Arizona. The author would like to
acknowledge Professor Troy Rule, faculty advisor, and Casey Ball, J.D., for their assistance and
mentorship during the research and writing of this comment.
1. Justin Gillis, America's First Offshore Wind Farm May Power Up a New Industry, N.Y.
TIMES (Aug. 22,2016), http://www.nytimes.com/2016/08/23/science/americas-first-offshore-wind-
farm-may-power-up-a-new-industry.html?_r=0 [https://perma.cc/69KY.B3UL].
2. Tatiana Schlossberg, America's First Offshore Wind Farm Spins to Life, N.Y. TIMES (Dec.
14, 2016), https://www.nytimes.com/2016/12/14/science/wind-power-block-island.html?_r=0 [https:
//perma.cc/K8MQ-NHGV].
3. Gillis, supra note 1; Kit Kennedy, Made in America: First U.S. Offshore Wind Project Now
Online, NAT. RESOURCES DEF. COUNCIL: EXPERT BLOG (Dec. 12, 2016), https://www.nrdc.org/
experts/kit-kennedy/made-america-first-us-offshore-wind-project-now-online [https://perma.cc/H3
PP-HFA8]; Schlossberg, supra note 2.
4. EUR. WIND ENERGY Ass'N, THE EUROPEAN OFFSHORE WIND INDUSTRY-KEY TRENDS
AND STATISTICS 2015, at 3 (Ivdn Pineda ed., 2016), http://www.ewea.org/fileadmin/files/library/
publications/statistics/EWEA-European-Offshore-Statistics-2015,pdf [https://perma.cc/872J-PFUK].
FALL 2017
59](ViewImageLocal?handle=hein.journals/juraba58&div=7&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Offshore Wind Energy: Sophisticated Technology Struggling with Outdated Legislation
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most