Minnesota Law Review

Maneuvering the Headwinds Facing Offshore Wind Development in the Great Lakes: Amending the Coastal Zone Management Act

The first United States offshore wind turbine was launched in 2013 off of the coast of Maine. Offshore wind development in the Great Lakes, however, will differ in key ways from development in non-Great Lakes coastal waters. Planning for development in the Great Lakes now would allow government agencies and private developers to avoid some of the uncertainty and obstacles faced by stakeholders involved in development on the Atlantic Coast, which faced opposition from a wide range of groups for over a decade, significantly increasing costs. With the majority of the U.S. population living near oceans or Great Lakes, offshore wind energy could provide large amounts of carbon-free power to densely populated cities with poor air quality levels.
The lack of regulatory organization for offshore wind development in the Great Lakes presents a significant obstacle to public and private stakeholders interested in development.
The Coastal Zone Management Act, an underutilized resource that could provide Great Lakes states a vehicle through which to plan, coordinate, and/or prohibit offshore wind development, should be amended to require Great Lakes states to identify and plan for regulatory issues and laws applicable to offshore wind development for proper consideration of the regulatory complexities unique to offshore wind development in the Great Lakes.

:: View PDF

De Novo

  • Case Comment: Bhogaita v. Altamonte

    EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit.[1] Although the case presented many serious [...]

  • Revisiting Water Bankruptcy

    REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself[1]—Governor Jerry Brown issued an unprecedented order to reduce potable urban water [...]

  • Defying Auer Deference

    DEFYING AUER DEFERENCE: SKIDMORE AS A SOLUTION TO CONSERVATIVE CONCERNS IN PEREZ v. MORTGAGE BANKERS ASSOCIATION Nicholas R. Bednar, Volume 100, Lead Articles Editor* On March 9, 2015, the Supreme Court of the United States handed down its decision in Perez v. Mortgage Bankers Association.[1]F The Court overturned the D.C. [...]