Interagency Ocean Policy Task Force Issues Final Recommendations
On Monday, July 19, 2010, the White House Council on Environmental Quality ("CEQ") issued the Final Recommendations of the Interagency Ocean Policy Task Force. The Final Recommendations are the culmination of a process that began on June 12, 2009 when President Obama formed the Task Force and tasked it with developing recommendations to enhance national stewardship of the ocean, coasts, and the Great Lakes and promote the long-term conservation of those resources.
The Final Recommendations will likely be carried over into an Executive Order to be signed by the President, which will establish a National Policy for the Stewardship of the Ocean, Coasts, and Great Lakes and create a National Ocean Council to enhance ocean governance and coordination between federal and state agencies. The Final Recommendations also express the Task Force's unanimous agreement that the United States should acceed to the Convention on the Law of the Sea and ratify its 1994 Implementing Agreement.
The CEQ's press release is available here. Attorneys at Stoel Rives are reviewing the Final Recommendations and assessing their impact on, among other things, offshore renewable energy development including offshore wind and marine and hydrokinetic projects. Stay tuned for more on this important development.
DOE Issues Draft Report on Environmental Effects of Marine and Hydrokinetic Energy Projects
The Department of Energy’s Draft Report to Congress on the Environmental Effects of Marine and Hydrokinetic Energy Projects is now available for public comment. The report, prepared pursuant to the Energy Independence and Security Act of 2007 (“EISA”), describes (1) the potential environmental impacts of marine and hydrokinetic energy technologies; (2) options to mitigate and prevent adverse environmental impacts; (3) the role of monitoring and adaptive management; and (4) the key elements of an adaptive management program. Comments are due on December 9, 2008.
The EISA report describes the various conceptual designs for generating electricity from ocean waves, river and tidal currents, and ocean thermal energy conversion, and identifies several “common elements” among the technologies that it asserts could yield adverse environmental effects. The report’s analyses are based largely on predictive studies or environmental assessments that have not yet been verified. As a result, the EISA report is not a definitive assessment of known environmental impacts, but rather an effort to highlight potential areas of concern for further monitoring and testing.
The EISA report also lists several strategies for mitigating and preventing risks of potential environmental impacts associated with marine and hydrokinetic energy projects. Advocating that more research and testing is needed, it stresses the importance of using post-installation environmental monitoring and adaptive management to confirm the extent of anticipated impacts and determine appropriate methods to avoid, minimize, or mitigate for any unacceptable adverse effects.
