To work toward more environmentally sound management of our oceans, ELI develops law and policy recommendations to reduce user conflict and ensure coordination and cooperation in a multi-use ocean environment. Our work proactively addresses offshore energy development, emerging issues such as deep-sea mining, the need for appropriate environmental safeguards for ocean uses, and guidance and accountability mechanisms for marine environmental damages. See also our work on marine spatial planning and ecosystem-based management.
We also periodically host Ocean Seminars on topics related to offshore energy development:
- Offshore Oil & Gas in the Arctic: The Next Five Years (January 26, 2012)
- The Oil Spill Liability Framework (May 24, 2010)
- Oil, Gas, and Mineral Resources of the U.S. Extended Continental Shelf: Extent, Recoverability & Environmental Implications (April 20, 2009)
Mid-Atlantic Offshore Energy and Coastal Management Frameworks
ELI works with several of the Mid-Atlantic states to assess whether their coastal and offshore laws and policies create frameworks that will protect the marine environment and create accountability while accommodating growth. This has included collaborating with the states of Delaware, Maryland, and Virginia to analyze their offshore energy laws, assess how they protect the coastal environment while facilitating offshore renewable energy development, and provide practical recommendations for strengthening the existing frameworks. ELI has also worked with the five Mid-Atlantic states (New York, New Jersey, Maryland, Delaware, and Virginia) on a regional guide to offshore wind management. In April 2013, ELI collaborated with Monmouth University, Rutgers Law School, and New Jersey Sea Grant to host a symposium on Mid-Atlantic regional ocean planning, leading to the publication of a special issue of the Sea Grant Law & Policy Journal.
- A Guide to State Management of Offshore Wind Energy in the Mid-Atlantic (2013)
- Sea Grant Law & Policy Journal Vol. 6.1: Mid-Atlantic Regional Ocean Governance (Summer 2013)
- Delaware Offshore Alternative Energy Framework Review and Recommendations (2011)
- Maryland Offshore Energy Framework (2009)
- Virginia Offshore Energy Development Law and Policy Review and Recommendations (2008)
Deep-Sea Mining
ELI is leading an effort to assess the legal landscape for deep-sea mining (or seabed mining) within and beyond the U.S. continental shelf. As part of this work, ELI is convening ocean experts across law, policy, and science to identify key issues, gaps, and potential pathways across five focus areas: (1) permits within the U.S. continental shelf; (2) permits beyond it; (3) fast-tracking; (4) science and technology; and (5) corporate responsibility. ELI is also developing supporting materials—including flowcharts and fact sheets—and hosting webinars to share these resources.
This work is especially timely given recent executive orders and ongoing applications for prospecting and permitting in the U.S. continental shelf under Outer Continental Shelf Lands Act (OCSLA) and beyond the U.S. continental shelf under the Deep Seabed Hard Mineral Resources Act (DSHMRA)
Oil Spill Restoration
Following the BP Deepwater Horizon spill in April 2010, ELI began working to educate Gulf of Mexico fishermen and communities about the law, policy, and management issues surrounding restoration and recovery of the region. Four years after the spill, ELI continues to support community engagement in restoration and recovery planning and coordination between the different processes. We also maintain a BP Deepwater Horizon Oil Spill Litigation Database to help people understand the ongoing litigation landscape.
- ELI's work in the Gulf of Mexico
- BP Deepwater Horizon Oil Spill Litigation Database (updated frequently)
Reversing Degradation from Land-Based Activities
ELI is raising awareness of the connection between land-based activities and degradation of the marine environment by providing guidance on ways to address major coastal and marine threats. Through our work with United Nations Environment Programme's Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities, ELI is developing a handbook containing steps countries can take to adapt their laws, regulations, and policies to address existing and emerging land-based threats to ocean health.