Obscure, complex, duplicative and uncertain. While those adjectives don’t make for good law or regulation, they’re the stuff that law review articles are made of. Perhaps that explains why in the decade since my original (and now, grossly outdated) journal article, Ocean Energy in the 1990s, dozens of other papers and articles have emerged summarizing the regulatory regime in excruciating detail and offering up ways to improve it. These reforms typically consist of calls for increased collaboration (one of those great ideas in theory…), increased stakeholder engagement or additional regulation (which is difficult to imagine).
In any event, here’s the latest crop of law review articles on MHK regulation. Although a couple of these articles discuss the US regulatory process and some of reforms noted above, two are more international in scope. One article summarizes and compares the equally complex EU and US regulatory process, while another discusses the applicability of international law to Google’s proposal for floating sea-powered data servers. Irrespective of whether you agree with all of the conclusions in these pieces or not, they all offer solid, accurate and fully footnoted summaries of the US, EU and international regulatory process and in that regard, serve as useful references.
Rachael Salcido, Siting Offshore Hydrokinetic Energy Projects: A Comparative Look at Wave Energy Regulation in the Pacific Northwest, 5 Golden Gate U. Envtl. L.J. (2011) (examining on the regulatory scheme in Oregon and Washington State and how these differences impact the FERC process.
D. Murray et. al., Congronting Jurisdictional Regulatory Barriers to Ocean Energy Development, 5 Golden Gat U. Envt. LJ (2011)(describing regulatory process for MHK in the US, using San Francisco Golden Gate bridge project as an example and summarizing procedures in EU)
S. Swanson, Google Sets Sail: Ocean-Based Server Farms and International Law, 43 Connecticut Law Rev. 709 (2011)(examining international law regulatory regime that might apply to sea based data centers)