Legal Considerations for Offshore Wind Farm Development in Rhode Island Waters

by | Feb 19, 2025

Rhode Island stands at the forefront of offshore wind development in the U.S., pioneering the nation’s first operational offshore wind farm with Block Island Wind Farm in 2016. As the Ocean State continues to expand its renewable energy portfolio, developers and stakeholders must navigate complex legal frameworks spanning multiple jurisdictions and regulatory bodies.

Federal and State Jurisdiction

The development of offshore wind farms in Rhode Island waters involves overlapping federal and state jurisdictions. Under the Submerged Lands Act, Rhode Island maintains jurisdiction over waters extending three nautical miles from its coastline. Beyond this boundary, federal jurisdiction applies through the Bureau of Ocean Energy Management (BOEM), which manages offshore renewable energy development in federal waters through a comprehensive leasing process.

Environmental Impact Assessment Requirements

Any proposed offshore wind development must undergo rigorous environmental review under both federal and state laws. The National Environmental Policy Act (NEPA) requires detailed Environmental Impact Statements (EIS) for projects in federal waters. Similarly, Rhode Island’s Coastal Resources Management Council (CRMC) mandates environmental assessment under the Ocean Special Area Management Plan (Ocean SAMP), which provides a regulatory framework for protecting marine ecosystems while facilitating offshore renewable energy development.

Permitting and Regulatory Compliance

Developers must secure numerous permits and approvals from various regulatory bodies. Key requirements include:

  • The Rhode Island Energy Facility Siting Board must approve any major energy facility, including associated transmission infrastructure.
  • The U.S. Army Corps of Engineers issues permits under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
  • The National Marine Fisheries Service conducts consultations regarding potential impacts on marine mammals and essential fish habitat under the Marine Mammal Protection Act and Magnuson-Stevens Fishery Conservation and Management Act.

Stakeholder Engagement and Public Rights

Rhode Island law emphasizes the importance of stakeholder engagement in offshore wind development. The Public Trust Doctrine, incorporated into Rhode Island’s constitution, ensures public access to coastal waters and requires careful consideration of competing uses, including fishing rights, navigation, and recreation. Successful projects must demonstrate meaningful consultation with affected communities, fishing industry representatives, and other maritime users.

Grid Connection and Power Purchase Agreements

Developers must secure interconnection agreements with the regional grid operator, ISO New England, and negotiate power purchase agreements (PPAs) with utility companies. Rhode Island’s Renewable Energy Growth Program and renewable portfolio standards create a supportive framework for offshore wind development, but projects must still demonstrate economic viability and comply with state procurement requirements.

Insurance and Liability Considerations

Offshore wind projects face unique risks requiring comprehensive insurance coverage. Developers must maintain appropriate insurance for construction, operation, and decommissioning phases. Rhode Island law requires financial assurance mechanisms to ensure proper decommissioning at the end of a project’s operational life.

Native American Tribal Rights

Consultation with federally recognized tribes is mandatory under Section 106 of the National Historic Preservation Act. The Narragansett Indian Tribe maintains historical and cultural connections to Rhode Island’s coastal waters, necessitating early and meaningful engagement in project planning.

Looking Ahead

As Rhode Island continues to pursue ambitious renewable energy goals, including its commitment to 100% renewable electricity by 2033, offshore wind development will play an increasingly important role. Understanding and navigating the complex legal landscape is crucial for project success.

Contact Sayer, Regan & Thayer for more information on this topic.

Note: This article is for informational purposes only and does not constitute legal advice. Companies should consult with qualified legal counsel for specific guidance on regulatory compliance.