A New Approach To OCS Renewable Energy

Law360, New York (September 3, 2009, 1:33 PM EDT) -- On April 22, 2009, the U.S. Department of the Interior’s Minerals Management Service (“MMS”) issued its Final Rule[1], effective June 29, 2009, regarding the development of nonkinetic[2] alternative energy facilities on the Outer Continental Shelf (“OCS”).

The authority for promulgating this rule was established by the Energy Policy Act of 2005, which amended the OCS Lands Act at 43 U.S.C. 1331 et seq. The Final Rule grants MMS the authority to issue leases or easements on the OCS for the construction and operation of alternative energy...
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