Yesterday, the North Atlantic right whale was only an historical symbol of one consequence associated with the relentless and unsustainable pursuit of energy.  Today, it is also a new symbol of renewable energy done the right way.  The agreement CLF is announcing today reflects support for the pursuit of renewable energy and also demonstrates that real leadership to change how we pursue energy can come from industry itself.

The pursuit of cheap energy from the 17th century forward hasn’t exactly been what one would call sustainable. From the time the first right whale was killed for its oil to today’s efforts to take and refine oil from the Canadian tar sands, our industries have drawn down limited resources with little regard for the environmental consequences. In fact, the right whale stands as a particularly distressing symbol of our history of exploitation.

The North Atlantic right whale was so-named because it was considered by whalers to be the “right” whale to kill. It was slow, swam close to shore, and was easy to harvest – accommodatingly floating to the surface with a head full of oil after it has been killed. Between the 17th and 19th centuries, the North Atlantic right whale, an animal that according to Herman Melville’s 1851 reflections in Moby Dick “would yield you some 500 gallons of oil or more” in just its lip and tongue, was hunted to the brink of extinction. The relentless pursuit of this limited resource in such an unsustainable way is the reason that today the North Atlantic right whale is considered critically endangered, with fewer than 500 animals remaining.

Despite the right whale’s lesson, our reliance on oil continues. According to the United States Energy Information Administration, the United States consumed a total of 6.87 billion barrels (18.83 million barrels per day) in 2011. Our reliance on exhaustible, limited fossil-fuel resources is causing climate change and setting into motion a series of unavoidable consequences, but still we drill for oil – albeit no longer in the head of a whale.

So while today’s landmark North Atlantic right whale agreement is a collection of voluntary measures designed to provide further protections for the North Atlantic right whale, primarily by reducing or avoiding sound impacts from exploratory activities that developers use to determine where to build wind farms, it is also so much more than that.

The offshore wind developers party to this agreement – Deepwater Wind, NRG Bluewater, and Energy Management, Inc. (owner of Cape Wind) – are willing to go above and beyond because they recognized that more could be done to protect North Atlantic right whales in the pursuit of energy. These developers’ willingness, and indeed enthusiasm, for protecting the whales reflects a new way of thinking – a 180-degree turnaround from the way other companies viewed energy generation over the last century and a half.  Instead of treating the natural world as an adversary to be exploited and consumed, these companies recognize that we can accommodate natural systems (like the whales’ migratory patterns and feeding grounds), that we can avoid extracting limited resources, that we don’t have to burn fuels that exacerbate climate change, and that we can still produce the energy to fuel modern society. Now that’s the right way.

Photo courtesy of phault @ flickr

This is an exciting time for clean energy in New England. Why? Because our region could have not one but three offshore wind farms constructed by 2016.  Not only that, these would be the first three in the nation!

The Cape Wind Project, off the coast of Cape Cod, will site 130 wind turbines between 4–11 miles offshore and produce an average of 170 MW of electricity, or about 75% of the average electricity demand for Cape Cod, Martha’s Vineyard, and Nantucket Island. Block Island Wind Farm is scheduled to be constructed in Rhode Island state waters next spring. It is a 5 turbine, 30 megawatt demonstration-scale wind farm about three miles off of Block Island which will generate over 100,000 megawatt hours annually, supplying most of Block Island’s electricity with excess power exported to the mainland. And on a very exciting note, here in Maine, international energy company Statoil’s proposal to build a four turbine floating wind park is moving forward. For recent news coverage, read here.

Clean energy is sprouting up all around New England. For some projects, it’s about time. Recent FAA approvals on Cape Wind, for instance, come after more than a decade of exhaustive reviews and strong opposition from dirty energy-funded opponents. Each of these projects has enormous potential. Together, if built, these three offshore wind farms would transform New England’s energy mix.

Here in Maine, Statoil’s unsolicited bid to develop the floating wind farm is moving through the federal review process. The Bureau of Ocean energy Management (BOEM) has published a notice to determine if there are other developers interested in competing to use the area and to solicit comments about the proposal. The notice is published here.

CLF will provide comments that balance our commitment to helping New England develop clean renewable energy with protecting the ocean environment. BOEM published a second notice that it will prepare an environmental impact statement (EIS) when Statoil submits its construction and operations plan (COP). The EIS will consider the environmental consequences associated with the Hywind Maine project. BOEM will accept public comments about the environmental issues that should be considered in the EIS until November 8. For more, read here.

In addition, the Maine Public Utilities Commission (PUC) is reviewing the proposed terms of a long-term contract that would permit Statoil to sell the energy generated from the wind farm  into Maine’s energy grid over the next 20 years. The PUC’s authority to approve this contract flows from Maine’s 2010 Ocean Energy Act, which supports research and development of offshore wind energy technology. The PUC may decide whether to accept the proposed contract terms within the month.

For a current and accurate summary of the state of offshore wind off the Atlantic Coast, please read the National Wildlife Federation’s report released on September 24, “The Turning Point for Atlantic Offshore Wind Energy.” CLF helped write sections of the report and co-sponsored it.

There’s no question we’re making incredible progress – but there is more to be done. If you support this work, sign up to become a CLF e-activist to keep informed about our work. And check back in regularly for updates as we try to get these projects built!

Today, the Massachusetts Supreme Judicial Court decided to uphold the comprehensive permit for Cape Wind’s transmission lines issued by the state’s Energy Facilities Siting Board (EFSB)–a welcome and much-anticipated milestone for the nation’s first major offshore wind energy project. CLF has been actively involved in moving the ball forward on Cape Wind throughout its nine-year review and permitting process, and we’re thrilled that Cape Wind will finally have an opportunity to to move forward and provide Massachusetts with clean, renewable power.

Here’s what CLF Staff Attorney Shanna Cleveland had to say on the subject:

“The Court thoroughly reviewed the extensive record in this case and correctly concluded that the state siting board rigorously scrutinized the project and fulfilled its obligation to safeguard the public trust. Cape Wind will provide electricity without producing any harmful greenhouse gas emissions, and its clean energy benefits are expected to significantly outweigh its impacts. The Court’s affirmation of Cape Wind’s comprehensive state permit is a significant step on the path toward a clean energy future for New England and the nation.”

Check out clf.org for the full press statement>>

Earlier today in Rhode Island, the Public Utilities Commission (PUC) approved the Deepwater Wind/National Grid Power Purchase Agreement (PPA) for the construction of an eight-turbine wind farm in Block Island Sound, denying CLF’s Motion to Dismiss.

Here’s what CLF’s Rhode Island Advocacy Center Director Tricia Jedele had to say about the decision:

Today’s ruling was inevitable, a result dictated by the legislature in a law defined so narrowly that it could have only one outcome. Unchallenged, this law and the accompanying PUC decision set precedent that will only undermine the efforts to build a future for renewable energy in Rhode Island. The failure to allow the PUC any discretion in its decision-making is the very basis of CLF’s Separation of Powers argument, which we are likely to appeal to the Supreme Court.

The Deepwater Wind project in Block Island Sound first met with problems in April 2010 when its Power Purchase Agreement (PPA) with National Grid was rejected by the PUC on the grounds that it was not commercially reasonable. Rather than appeal the decision, Deepwater, with the support of the Governor and the legislature, sought to do an end run around the review process and rewrite the rules to produce a different outcome the second time around. CLF, a longtime champion of renewable energy done right, was one of the first to challenge the moves as unlawful, unfair and a terrible precedent. CLF contended that the amended law was designed to favor one project and one developer, creating an unlevel playing field that would make it impossible for developers to compete successfully for future projects.

“Renewable energy is too important to this state to do it in a way that could threaten its chances for success,” Jedele said at the time.

In July, in advance of a second review of the PPA required under the amended law, CLF filed a Motion to Dismiss, arguing that the PUC should not review the amended Power Purchase Agreement because the law violates the Constitutional doctrine of separation of powers, and the provision which requires that “all laws be made for the good of the whole.” CLF also argued that even if the PUC were to proceed, it could not review the PPA because the doctrine of res judicata bars litigation of a claim that has already been litigated between the same parties.

On an appropriately wet and windy afternoon yesterday in Boston, the Massachusetts House of Representatives passed the Wind Energy Siting Reform Act with a vote of 101-52. Modeled after the bill passed by the Senate in February, the Act will streamline the siting process for wind energy projects, making it easier for developers and local authorities alike to incorporate well-designed wind power initiatives into the plan to meet the state’s energy demand. The new legislation is a major step towards building a clean energy economy for Massachusetts and reducing dependence on fossil fuels. The bill will now head to a House-Senate conference committee for further discussion.

Here’s what Sue Reid, director of CLF’s Massachusetts Clean Energy and Climate Change Program, had to say on the issue:

“Massachusetts needs to tap into its abundant wind energy resources in order to meet its clean energy goals. We are delighted that the Massachusetts House of Representatives has joined the Senate in passing this wind siting reform bill that is crucial to meeting the state’s energy demand while reducing greenhouse gas emissions and preserving our natural resources. This new legislation will make it easier to develop well-designed wind energy projects. Today’s vote represents a key victory in the state’s ongoing efforts to reduce our dependence on dirty fossil-fuel fired power in Massachusetts.”

Read CLF’s full press statement>>
Learn more about CLF’s renewable energy initiatives in MA and throughout New England>>