Mark Harrison Foster, Jr.

October 23, 2009

In 2008, Massachusetts' Governor Deval Patrick signed the Massachusetts Ocean Act of 2008 to "help protect our vital natural resources and balance traditional [uses] with new ones, such as renewable energy, that are also important to our future." In accordance with the Act, the Executive Office of Energy and Environmental Affairs (EOEEA) developed an Ocean Management Plan for "the protection and sustainable use of our ocean and coastal waters." This plan attempts to balance the natural resources and traditional human uses of the state waters with more modern proposals. The plan examined waters off of Cape Cod, including the three–mile stretch of water off of the island of Martha's Vineyard, and acknowledged that an energy project proposed off the coast of the island remains subject to the regulatory authority of the Martha's Vineyard Commission, whose purpose is "to ensure that henceforth the land usages which will be permitted are those which will not be unduly detrimental to those values or to the economy of the island."

Recently, the Commission has investigated the feasibility of a wind–farm off of the coast of Gay Head—a project proposed by the EOEEA. Though previous proposals may color the debate regarding the construction of any future wind farm near the island, the Commission's approach to any wind turbines off the coast of the island continues to focus on the local community's concerns, especially when in the face of strong off–island pressure to construct these farms. In a letter from the Commission to the EOEEA, the Commission raised prevalent community concerns that they felt the EOEEA failed to answer in the Ocean Management Plan (Draft). These concerns included: state versus federal management of proposed wind farms; the scenic impact of a large–scale energy development; the affect of energy projects on avian populations; the EOEEA's vetting process for the proposed sites, with a clear understanding of how these sites were determined as the most feasible; and, finally, the community interplay in the process.

The Commission's letter showcases the ongoing local concerns to ensure the island's quality of life in the face of pressures to address current energy needs. Indeed, the Commission acknowledges a growing desire to address energy issues on the island, including various accomplished projects in the community. However, the Commission's responsibility remains to safeguard the community against pervasive pressures to meet energy demands by ensuring any energy proposal satisfies local needs and benefits this community. The duties and responsibilities the legislature and executive branch gave the Commission included the proper management of any and all projects that would directly impact the community atmosphere of the island. Furthermore, the Commission has reaffirmed these duties and responsibilities by ensuring a valid check on any rushed wind–energy proposal through its regulatory power.

For the moment, a compelling example of the correct management of wind energy comes from Maine, with the islands of Vinalhaven and North Haven. On those islands, 98% of the population voted in favor of the so–dubbed "Fox Islands Electric Cooperative." The Fox Islands project entails only three land turbines compared with the larger offshore projects for Martha's Vineyard; however, the project's immediate benefit for that island community ensured overwhelming support. The Maine project stands to supply island residents belonging to the Electric Collaborative with half of their yearly energy output, as well as allowing those members to benefit from the sale of energy to the mainland. The construction has just about finished on the project, with November set as the start–up date for power generation.

The differences between these two projects suggest that local adventures in wind farm technology, or projects arising specifically from local decisions, provide a more fruitful avenue to accomplishing wind power along the coasts. No doubt the above listed concerns the Commission raised with the EOEEA will remain no matter whether the wind–energy debate takes place in Boston or in the town–halls of the Vineyard. However, allowing local inhabitants to raise distinct questions that concern their daily lives will provide project coordinators an opportunity to best answer these questions. Ultimately, wind–energy will become a cornerstone of energy production along the coasts; however, legislature–imposed energy plans that forestall local debate will lead to drawn out legal battles and hinder utilizing these resources. The cooperative commitment of local communities and energy developers evidenced by the Fox Islands project appears the most beneficial way to address the energy needs of local communities, while meeting the needs of the broader community in the process. As Vineyarders debate the positives and negatives of a wind farm off their island, the Commission should shift the debate from large-scale projects imposed by off–island lawmakers to those projects that can meet the energy needs of this community, thereby ensuring the island's many resources for future generations.

Sources:

Mass. Gen. Laws ch. 114 (2008).

Press Release, Governor Deval Patrick, Governor Patrick Signs Law Creating First-in-the-Nation Oceans Management Plan Balancing Preservation, Uses (May 28, 2008) available at http://www.mass.gov/?pageID=gov3pressrelease&L=1&L0=Home&sid=Agov3&b=pressrelease&f=080528_oceans&csid=Agov3.

Mass. Gen. Laws. ch. 831 (1977)

Sec'y of Energy and Environmental Affairs, Draft Massachusetts Ocean Management Plan (June 2009) volume 1 available at http://commpres.env.state.ma.us/mop/draft_plan/v1/draft-v1-complete.pdf, volume 2 available at http://commpres.env.state.ma.us/mop/draft_plan/v2/draft-v2-complete.pdf.

Letter from the Martha's Vineyard Commission to the EOEEA and Ocean Advisory Commission on the Ocean Management Plan (June 2009 Draft) available at http://www.mvtimes.com/marthas-vineyard/pdfs/marthas-vineyard-commission/ocean-plan-20091015.pdf.

Abigail Curtis, Vinalhaven Wind Power Project Touted, Bangor Daily News, March 16, 2009, available at http://www.bangordailynews.com/detail/101603.html.

Janet Hefler, DCPC Targets Wind Turbines, The Martha's Vineyard Times, October 8, 2009, available at http://www.mvtimes.com/marthas-vineyard/news/2009/10/08/dcpc-wind-turbines.php.