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Student Publications Homepage
ARTICLE CONTENTS
[Pages 465-500]
TOP OF ARTICLE
Introduction: The Demand for Wind Power Development
on the Outer Continental Shelf (OCS)
I. Environmental Costs and Benefits of Wind Power Development on the OCS
A. Cape Wind Associates Proposal
B. Potential Benefits
C. Potential Risks to the OCS Environment
II. OCS Development: Background and Policy
A. Background
1. The Roots of Federal Interest in the OCS
2. The Submerged Lands Acts and the Outer Continental Shelf Lands Act of 1953
B. Federal Policy of Accelerated Oil and Gas Development Under OCSLA
1. Codifying the Federal Policy: The 1978 OCSLA Amendments
2. Implementing the Policy
a. Areawide Leasing
b. Revenue
C. Backlash Against Development
III. The Wind Power Legislative Gap and the Proposed
Amendment to the OCSLA
A. The Wind Power Legislative Gap
B. Proposed Legislation
IV. The OCS and the Public Trust’s Environmental Ethic
A. The Federal Government’s Public Trust Responsibility Regarding
the Public Lands of the OCS
B. Incorporating Public Trust Principles into Public Land Legislation
V. Analysis
A. The Conflicting Goals of OCS Wind Power Development
B. The Need for New Legislation and a New National Policy on
Wind Power Development
1. Problems with the National Policy Under the OCSLA
2. Problems with Proposed Legislation to Amend the OCSLA
C. How Should the OCSLA Be Amended?
1. Role of Public Trust Philosophy
2. Role of Siting and Revenue in Implementing New Policy
a. Limiting Easements and Right-of-way Areas
b. Maintaining Profitability
Conclusion
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