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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.


Excerpted and reprinted as Great Lakes Offshore Wind Power: A New York Strategy for Energy and Economic Development in Environmental Law in New York, vol. 20, no. 8, at 133-139 (2009).