Ocean Seminar Series 2008

Oceans are coming under increasing stress and scrutiny as the last largely unregulated commons. Numerous fisheries have collapsed, coastal areas are prime spots for both development and natural disasters, the seabed is an important source of oil and gas, and our oceans are being targeted for many new uses, particularly to meet our energy needs.

ELI believes it is crucial for today's environmental professional to understand ocean law and policy and the far-reaching effects this area has. For example, the lack of unified regulatory authority over coastal and ocean development makes siting and permitting ocean projects such as liquefied natural gas (LNG) terminals and wind farms high risk propositions in need of skilled legal and technical advice. As a result, ELI is presenting a series of Associates Seminars to tackle this important topic.

The sessions are summarized below. The dates and locations of the final seminars will be announced shortly. As always, ELI members may elect to attend seminars in person or to audit the seminar via teleconference.

Emerging and Expanding Ocean Uses: Scientific and Regulatory Uncertainty
February 13, 2008, Washington, DC

As we look to the oceans to sequester carbon, provide alternative energy, and as a place to expand existing activities, questions about ocean ecosystem impacts and the legal and regulatory framework under which one can operate abound. The chemical and biological ramifications of emerging and expanding technologies could be enormous, and the regulatory landscape under which such approaches would operate is not altogether clear. For example, three competing authorities may complicate alternative energy development and regulation: The Energy Policy Act of 2005 gives Minerals Management Service the authority to lease offshore for alternative energy development. The Federal Power Act gives the Federal Energy Regulatory Commission authority over hydropower. This means that in federal waters, both MMS and FERC have some claim over regulation of wave, current, and tidal energy. States have authority under the Coastal Zone Management Act to ensure that federal agency actions are consistent with the enforceable policies of their coastal zones. What does this mean for new uses? What precedent is there for state authority over federal energy actions in federal waters? Who regulates emerging uses on the high seas? Download the mp3 recording of this seminar.

Ports, Shipping, and Air Emissions
April 30, 2008, Washington, DC

More than two billion tons of cargo move through U.S. ports annually. With increasing globalization and short-sea shipping, the movement of goods via ships is expected to double in the next twenty years. This will mean more and larger vessels on the water. Shipping causes direct and indirect impacts on the marine ecosystems. In addition to coastal air quality, discharges from ships can alter marine chemistry, and, as a major mobile source of greenhouse gases, it is an important industry to consider in light of climate change. In trying to address emissions from ships, questions as to legal authority and jurisdiction arise as highlighted by the recent Ninth Circuit decision that requires California to obtain a waiver from EPA to implement a rule requiring the use of low-sulfur diesel near the coast. In addition to discussing the legal authorities and constraints, panelists will identify legal and policy obstacles to and opportunities for reducing greenhouse gas and other air emissions from ships. Download the mp3 recording of this seminar.

Noisy Oceans: Beyond Navy Sonar
May 20, 2008, Washington, DC

Navy sonar tests, beached whales, and the litigation that ensues has made headlines in recent months. Perhaps less well known and even less understood is the other anthropogenic noise in the ocean and how it affects marine species both in terms of mortality and sub-lethal impacts. The panelists will lead a discussion of the legal and policy landscape of two particular issues--noise from oil and gas exploration and from commercial shipping--as a way to understand what legal and policy measures exist and may be needed as we expand ocean uses to include alternative energy development, increased shipping, and expanding oil and gas exploration, among other activities. Download handouts and the mp3 recording of this seminar.

Ocean Energy: Tide, Current, and Wave Energy
July 29 , 2008, Washington, DC

In the face of climate change, energy prices, and national security concerns, renewable ocean energy--including tide, current and wave energy--offers a promising alternative and supplement to existing non-renewable energy sources. From a conservation perspective, its ability to mitigate climate change impacts must be weighed against potential harm that may occur to the marine environment. The existing regulatory framework is at its infancy and needs to develop in such a way as to provide regulatory certainty for industry while at the same time ensuring that proper consideration of existing and future environmental conditions. In this seminar, the panel will discuss tide, current, and wave energy development in the U.S. and specifically will consider the recent programmatic environmental impact statement for the new alternative energy program at Minerals Management Service. Download handouts and the mp3 recording of this seminar.

Ocean Energy: Offshore Wind
September 15 , 2008, Washington, DC

The controversy over offshore wind development off the coast of Cape Cod, Massachusetts provides one of the best examples of the potential challenges of meeting dueling conservation objectives--climate change mitigation and ocean conservation. Building upon the previous seminar discussion of ocean energy, this seminar will focus specifically on the challenges and opportunities for offshore wind development in both state and federal waters. The panelists will discuss the legal and regulatory framework for offshore wind development including proposed rules for wind development in state waters and state regulation under the Coastal Zone Management Act and other laws. The panelists will also consider whether the existing legal framework goes far enough to provide regulatory certainty for the offshore wind industry and ensure appropriate environmental protection. Download handouts and the mp3 recording of this seminar.

Of Whales and Sonar: Environmental Protection and Naval Training Collide in Winter v. NRDC
October 15, 2008, Washington, DC

In the biggest environmental case of the fall Supreme Court term, the Bush Administration is challenging rulings out of the Ninth Circuit Court of Appeals that sided with environmentalists in their long-running dispute with the Navy over the harmful effects of sonar on whales. The government argues that it properly invoked an emergency exception to environmental laws, and that a lower-court injunction limiting sonar use interferes with naval training exercises, undercutting military readiness in a time of war. Environmentalists counter that the government has no justification to avoid complying with the law—especially where the documented effects of sonar on marine mammals include physical traumas and mass strandings. One week after the Supreme Court hears oral arguments, ELI will convene a top-flight panel of experts, including lawyers representing clients in the case. Panelists will offer their insights into the legal and scientific arguments presented, and on how the Justices may come down in a dispute where the two sides present very different views of the constitutional doctrine of separation of powers.

The Ocean Seminar Series 2008 is made possible by generous support from the Naomi and Nehemiah Cohen Foundation.

View event descriptions from the Ocean Seminar Series 2006-07.