Off shore wind energy production: A United States case study at Cape Cod, Massachusetts

The paper evaluates the first offshore wind farm proposal in the United States. It is being put forward by Cape Wind Associates, a Boston-based firm that wishes to build 170 turbines five miles offshore in Nantucket Sound. The proposed development would supply most of Cape Cod's energy needs and two percent of energy requirements in New England, preventing the need for additional fossil fuel power plants that would pollute the environment and harm the health of New Englanders. The eco-friendly state of Massachusetts has produced much opposition to this project, including resistance from the liberal Senator Ted Kennedy. Criticism of this project ranges from anticipated bird kills by the turbine to concerns about the permitting process, but the most important issue appears to be that of visual pollution. This paper will examine this interesting form of pollution, and how reactionary "Not In My Back Yard" concerns can shape the debate. The responsibility for producing the environmental impact statement has fallen to the Army Corps of Engineers, the regulatory agency by mandate of the Rivers and Harbors Act of 1899. That legislation did not anticipate a project that would use 28 square miles of public waters for private profit. This has led to concerns that an open season for more developments of this type may begin on the continental shelf and a "wind rush" will ensue. There are signs that this is taking place, and it appears that Congress may need to address this issue, which could lead to the development of a new national policy in this area. The paper also discusses the challenging case of the Commons Dilemma as it applies to offshore development, and proposes some regulatory solutions.