January 10, 2007

Catch the Next Wave of Ocean Energy Development

If you filled your gas tank or paid your utility bill recently you know that energy costs have risen dramatically and stayed at historically high levels. News stories abound regarding the security risk this Nation faces because of its reliance on foreign sources of oil. Global climate change concerns compound the discussion of U.S. energy development, providing support for alternative energies and questioning continued use of greenhouse gas emitting fuels. The U.S. oceans hold vast energy resources, both renewable and non-renewable, which can help satisfy U.S. energy needs. Some governance structures are already in place to regulate interrelated ocean uses. However, many challenges still exist to adequately address user conflict and ensure protection of the marine environment. Responding to these concerns, in the Energy Policy Act of 2005 Congress challenged the Department of the Interior to implement a new regulatory program for development of alternative energy sources (including wind and wave energy) on the Outer Continental Shelf (OCS). Expansion of OCS LNG capacity and development of conventional oil and gas, particularly in deep water and currently off limits areas in the Gulf of Mexico and the Atlantic OCS, also are front and center in the energy debate which has taken a new direction following recent congressional elections. Coastal states and federal regulatory agencies may have overlapping legal authority. These agencies and the broader environmental community are keeping a close watch on OCS energy developments.

To review this new wave in OCS energy production the Environmental Law Institute and the Environment, Energy and Natural Resources Section Energy Committee of the D.C. Bar presented on January 10th a series of panel discussions to assist members in understanding the legal and policy issues associated with developing our energy potential on the OCS. The three panels focused on OCS alternative energy activities, the latest developments involving OCS oil and gas and LNG, and the roles of the states, the environmental community and other regulatory agencies, like the National Oceanic and Atmospheric Administration, which are impacted by OCS energy development initiatives.

Jurisdictional Challenges

Moderator: Brooks Bowen

Panelists:
Gerhard Kuska, Subcommittee on Integrated Management of Ocean Resources, Council on Environmental Quality
Federal/State Cooperation for Development of Energy Offshore
Kacky Andrews, Executive Director, Coastal States Organization
State Sovereignty and the National Interest: Finding the Balance for Emerging Energy Development in the Ocean
Margaret Spring, General Counsel, Senate Committee on Commerce, Science & Transportation
Congressional Outlook: Options for Reconciling and Coordinating Offshore Resource Management Regimes

OCS Oil and Gas Development

Moderator: Robert S. Faron

Panelists:
James Harris, Associate Solicitor for Mineral Resources, Office of the Solicitor, U.S. Department of the Interior
The Next Five Years on the OCS
Bill Cooper, Executive Director, Center for LNG
The Challenges and Solutions of LNG Siting
Mark Hodor, Attorney-Advisor, NOAA General Counsel
NOAA’s Role in Ocean Energy Development: Rigs to Reefs and LNG Licensing

OCS Alternative Energy

Moderator: Kathryn Mengerink

Panelists:
Peter Schaumberg, Beveridge & Diamond, P.C.
Energy Policy Act of 2005 and the MMS Regulatory Process for Alternative Energy Development on the OCS
Mark Spalding, President, The Ocean Foundation
How Alternative Ocean Energy Technology Can Contribute, While Respecting Environmental Challenges
Dennis Duffy, In-House with Cape Wind
Cape Wind: Issues/Challenges for Offshore Wind Development

Please click here for more information on the current Ocean Seminar series.