Golden Gate University Environmental Law Journal


Laura Koch


Part I is an overview of wave energy and the reasons we should be pursuing its sustainable development. Part II provides background on the legal framework for offshore energy and coastal protection. Part III addresses jurisdictional and regulatory issues. It begins with an explanation of the statutory basis for regulatory authority over wave energy and the jurisdictional dispute between two federal agencies. It then explores in detail the regulatory scheme of the Federal Energy Regulatory Commission (FERC), which stands in contrast to the coordinated, well-planned approach required for sustainable wave energy development. Part IV then argues that although FERC’s approach is sowing the seeds of future problems, coastal states can shape the sector during this critical phase of development if they are proactive.