Offshore Wind Wire

By Peter Brennan

A leading environmental law group said last month that Massachusetts officials exceeded their legal authority when they delegated offshore wind regulation to regional planning agencies.

In a Nov. 23 letter to Energy and Environmental Affairs Secretary Ian Bowles, the Conservation Law Foundation (CLF) outlined what it claims are inconsistencies between the Massachusetts Draft Ocean Management Plan prepared by Bowles’ office and the Massachusetts Oceans Act of 2008.

Under the Oceans Act, Bowles is responsible for developing and executing the Massachusetts Ocean Management Plan, which identifies zones for large-scale offshore wind farms in state waters. A draft was issued in June and a final version is due on December 31. That plan was supposed to put Massachusetts on the cutting edge of offshore wind development in the United States.

In a letter to local legislators last month, Bowles indicated that Martha’s Vineyard and Cape Cod officials would retain the power to determine the “appropriate scale” of offshore wind projects in their waters. If granted regulatory authority, these regional planning agencies could effectively veto any proposed offshore wind developments within their zones.

The CLF argued that this delegation of duties went against the letter and spirit of the Oceans Act.

“These ‘commitments’ are contrary to the Oceans Act and thus cannot be made,” the CLF wrote in a letter submitted as part of the public comment period.

CLF officials did not specify what action they would take if their concerns were ignored in the final plan.

The Foundation also complained about the lack of transparency leading up to Bowles’ decision.

“We strenuously object to the highly questionable ‘procedure’ by which the Secretary has short-circuited the public comment period and done unique violence to the clear intent of the Oceans Act with respect to open and transparent public process,” the CLF letter read.

Bowles’ office declined comment on specific criticisms of the Ocean Plan.

“There were a number of comments filed during the public comment period,” EEA spokeswoman Lisa Capone said. “They will all be considered as EEA develops a final plan in order to submit it by the Dec. 31 deadline.”

Some ocean management experts downplayed Bowles’ decision to delegate regulatory authority. Richard Delaney, executive director of the Center for Coastal Studies in Provincetown, believes that integration of state, regional and local governments is essential to cohesive ocean management.

“I see plenty of opportunity for the parties to still coordinate on definitions of ‘appropriate scale’ and best siting options,” Delaney said in an email.  “The political and ecological realities are that even within a ‘comprehensive state ocean plan’ there are ecological features and issues that differ significantly region by region along the Mass coastline and to which the plan must be sensitive.”