Previously, MMS held that it had jurisdiction to site renewable energy projects including hydrokinetic projects in outer continental shelf waters.
As per the agreement, the agencies’ jurisdictional concerns and removes an obstruction for the development of hydrokinetic project in the outer continental shelf, according to a law alert published by Stoel Rives LLP.
The agreement will not resolve how MMS will address criticisms of its proposed regulations for alternative energy projects or when a final rule will be issued. That rule should be complete before alternative energy projects might be located. Salazar has said a final rule will be issued in 2009.
