News Room
Legal Opinion on Offshore Wind Energy Provision of Energy Bill
Submitted by Ocean Public Trust Initiative (OPTI)March 11, 2004 March 10, 2004, Maine -The Oceans Public Trust Initiative (OPTI), a project of the Earth Island Institute, today released a legal opinion that identifies the many problems with a special interest provision included in the energy bill now pending in Congress. That provision deals specifically with the Cape Wind offshore wind energy proposal and a similar project off the coast of Long Island. The provision reviewed in the memorandum was added to the energy bill in the waning moments of the last congressional session. It provides that neither the proposed Cape Wind project nor the proposed Long Island project would be required to submit new documentation to achieve approval to build large-scale wind energy projects on federal ocean lands held in trust for the general public. The provision was developed secretly, and no party has admitted to sponsorship of it.
OPTI's director Cindy Lowry, criticized the provision: "As the legal review conducted by Earth Island's attorney Donald Mooney demonstrates, this provision in the energy bill presents a great risk to our ocean areas. It is the classic example of special interest legislation drafted behind closed doors and designed to allow developers a privileged position to exploit public property for personal gain. The energy bill itself is an environmental disaster, and OPTI joins the many other environmental groups in opposing its enactment. This specific provision, however, must be defeated on its own account."
The developers, who are proposing the Cape Wind project, and their supporters, have argued that the amendment does nothing more than insure that documents do not have to be refiled with the U.S. Army Corps of Engineers. OPTI's legal analysis demonstrates that there are other possible interpretations of this amendment that would result in special treatment for these two projects, leaving them outside any new review procedures established by the energy bill. If such a result occurs, the developers of these projects would be in a position where they could make use of over 23 square miles of Nantucket Sound for their private purposes without complying with the new review procedures established by the energy bill.
OPTI has submitted its legal analysis to the Massachusetts and New York congressional delegations, urging them to oppose passage of the energy bill in any form and enactment of this provision in particular. Cindy Lowry stated: "It is clear that a renewed effort is being made in Congress to pass the energy bill in some form. Not only must that bill be defeated in its entirety, the provisions that would authorize offshore energy development and create a special exemption for these projects must be vigorously opposed. Our coasts and oceans are the common heritage of the general public, and they should not be subject to the whims of private developers under provisions of this nature."
For more information contact:
Cindy Lowry
207.622.3587