Creating a Public Plan for New York's Great Lakes Offshore Wind Power: A Strategy for Energy and Economic Development

51 Pages Posted: 16 May 2008 Last revised: 26 Aug 2013

Robert S. Berger

University at Buffalo Law School

Dwight Kanyuck

Future Energy Development

Abstract

This report evaluates the legal and policy considerations required for developing the energy resource of New York's Great Lakes Offshore Wind (NYGLOW). The potential economic development, environmental and energy benefits of NYGLOW are discussed and a strategy for siting, environmental review, and incentives to gain public acceptance and attract significant investment in NYGLOW is recommended, drawing on approaches used for developing Offshore Wind elsewhere in North America. The approaches of New Jersey, Texas, and Ontario are examined in some detail. In addition, the Quebec Provincial economic development model of purchasing wind power and requiring a local manufacturing component is discussed. Also, a strategy is offered for applying this Quebec model in New York without violating the dormant Commerce Clause of the U.S. Constitution. Financial incentives for offshore wind energy projects, including those of European countries, are considered. Finally, the report presents a comprehensive approach for New York State to follow, using its public energy agencies, the New York Power Authority and the New York State Energy Research and Development Authority, to lead a programmatic or generic environmental impact process that assesses the potential environmental, aesthetic, economic development, and energy development impacts of NYGLOW in a way that invites public participation.

Keywords: Public participation, renewable energy, offshore wind energy, financial incentives, environmental impact statements, dormant Commerce Clause, local content requirement

Suggested Citation

Berger, Robert S. and Kanyuck, Dwight, Creating a Public Plan for New York's Great Lakes Offshore Wind Power: A Strategy for Energy and Economic Development. Buffalo Legal Studies Research Paper No. 2008-13. Available at SSRN: https://ssrn.com/abstract=1133562 or http://dx.doi.org/10.2139/ssrn.1133562

Robert S. Berger (Contact Author)

University at Buffalo Law School ( email )

School of Law
528 O'Brian Hall
Buffalo, NY 14260-1100
United States

Dwight Kanyuck

Future Energy Development ( email )

1125 Crossroads Building
2 State St.
Rochester, NY 14614
United States

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