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Wind Energy (CRS Report for Congress)

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Release Date Revised Oct. 22, 2008
Report Number RL32658
Report Type Report
Authors Adam S. Vann, American Law Division
Source Agency Congressional Research Service
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Summary:

Technological advancements and tax incentives have driven a global expansion in the development of renewable energy resources. Wind energy, in particular, is now often cited as the fastest growing commercial energy source in the world. Currently, all U.S. wind energy facilities are based on land; however, multiple offshore projects have been proposed and are moving through the permitting process. It is clear that the United States has the authority to permit and regulate offshore wind energy development within the zones of the oceans under its jurisdiction. The federal government and coastal states each have roles in the permitting process, the extent of which depends on whether the project is located in state or federal waters. Currently, no single federal agency has exclusive responsibility for permitting activities on submerged lands in federal waters; authority is instead allocated among various agencies based on the nature of the resource to be exploited and the type of impacts incidental to such exploitation. Likewise, in the wind energy context, several federal agencies will have a role to play in permitting development and operation activities. […] This report will discuss 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.