Offshore wind energy development is in its infancy in the United States compared to Europe. The nation’s first operational project came online in 2016 off the coast of Rhode Island. A few other projects have since gained traction up and down the Eastern seaboard. Deep, crowded waters and technological barriers have largely kept the West Coast out of the discussion. But, as floating turbine technologies become commercially feasible and open up the potential for massive amounts of wind power in California waters, recent inter-agency cooperative efforts have begun to clear a path, and developers are lining up.
CEQA Update: A Bridge Too Far – Seeking and Accepting a Permit to Implement an Approved Project is Not a “Project” Under CEQA
On 18 May 2020, California’s Sixth District Court of Appeal unsurprisingly confirmed that a lead agency’s seeking and accepting a discretionary approval from a responsible agency to implement an approved project is not a CEQA event in its own right. The decision, Willow Glen Trestle Conservancy v. City of San Jose, involves an interesting fact pattern and creative arguments from the project’s opponents, but ultimately does not break new ground.