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Wind Energy: Offshore Permitting

Congress passed section 388 of the Energy Policy Act of 2005 (P.L. 109-58) to address previous uncertainties regarding offshore wind projects. This provision retains a role for the Army Corps of Engineers in permitting under the Rivers and Harbors Act but grants ultimate authority over offshore wind energy development to the Secretary of the Interior. The provision also contains various exemptions from the regulatory regime it establishes for projects that received certain permits prior to the enactment of the Energy Policy Act of 2005. Regulations implementing this grant of statutory authority are forthcoming and could bring additional and significant nuance to the regulatory process. This report discusses the disputes over Corps jurisdiction prior to enactment of the Energy Policy Act of 2005 as well as the current law applicable to siting offshore wind facilities.

# FILE NAME Document Date Order ID: Number of Pages PRICE
1 R40175_04_20_2009.pdf Jan 29, 2009 R40175 13 $19.95 ADD TO CART

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