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.

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.