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(192) How to Obtain a Lease for an Offshore Facility in 270 Days

Michael Ernst, J.D. – Director, Regulatory Affairs, Tetra Tech

Abstract:

This presentation will provide the status of the BOEMRE leasing process off Massachusetts, Rhode Island, New Jersey, Delaware, Maryland, Virginia and North Carolina by examining the latest progress in each state. The author is representing clients in each of these states and will discuss the various competitive leasing processes and their respective auction mechanisms. As an environmental and permitting consultant to four offshore wind developers, I will present an inside perspective on the permitting process in each state, including the permitting of the Statoil Hywind floating wind farm off Maine and the Block Island Wind Farm within Rhode Island state waters. I will also explain how NEPA is applied to each step of the leasing process. I will also examine progress with permitting offshore wind development in the Great Lakes without BOEM jurisdiction. The author will use his experience a former regulator and developer of submarine cables to provide advice on how to most efficiently lease and permit wind farms and submarine cable grids, including which rule waivers might be approved by BOEM and how to most efficiently navigate this complex leasing process while understanding the practical constraints in order to plan a realistic project permitting schedule. So how do you permit an offshore wind farm in 270 days? Only by permitting in state waters where there is no mini-NEPA or BOEM process.

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