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Consistency Conflicts and Federalism Choice: Marine Spatial Planning Beyond the States' Territorial Seas

14 Pages Posted: 13 Jul 2011 Last revised: 25 Sep 2015

Michael Burger

Columbia University - Sabin Center for Climate Change Law

Date Written: July 12, 2011

Abstract

Offshore areas are under pressure to industrialize for renewable energy. To plan for offshore wind development, Rhode Island engaged in a marine spatial planning process that resulted in the Ocean Special Area Management Plan, a regulatory invention of the Coastal Zone Management Act. Notably, the RI O-SAMP maps and plans for uses in federal waters beyond the three-mile line dividing state and federal jurisdiction, as well as within the state’s territorial sea, posing a challenge to the boundaries of offshore federalism. Conceiving of the question of how to balance federal, state, and local interests in siting offshore renewable energy facilities as one of “federalism choice,” there are sound theoretical and pragmatic rationales that weigh in favor of encouraging other states to adopt the O-SAMP model.

Suggested Citation

Burger, Michael, Consistency Conflicts and Federalism Choice: Marine Spatial Planning Beyond the States' Territorial Seas (July 12, 2011). Environmental Law Reporter, Vol. 41, No. 7, p. 10602, 2011; Roger Williams Univ. Legal Studies Paper No. 107. Available at SSRN: https://ssrn.com/abstract=1884490

Michael Burger (Contact Author)

Columbia University - Sabin Center for Climate Change Law ( email )

Jerome Greene Hall
435 West 116th Street
New York, NY 10027
United States

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