Rhode Island Property Law : Rhode Island Real Estate & Environmental Attorney & Lawyer John Boehnert for Development & Permits in RI

An American Bar Association Webinar will bring to a national audience Rhode Island’s and Massachusetts’ experience with the proposed development of a LNG facility as part of a discussion of issues facing states in the siting of potentially hazardous facilities in their communities.

Recall the political furor that developed when Weaver’s Cove Energy LLC proposed constructing a LNG (i.e. liquefied natural gas) facility in Fall River, Massachusetts, which would bring LNG  through Rhode Island and Massachusetts coastal waters in ships similar to the one pictured here.

I would be the first to argue that all of that furor was not justified, but by way of disclosure I should also note that I represented Weaver’s Cove Energy in its federal consistency review filing with the Rhode Island Coastal Resources Management Council.

I will moderate the panel discussion and will be joined by veteran litigator Terrence Tierney, Esq., now with the University Of Massachusetts School Of Law and formerly with the Rhode Island Attorney General’s Office, where he was involved in litigation opposing siting of the LNG facility.

Also on the panel is an experienced planner, David Westcott, AICP, the chief planner and environmental scientist with Mason & Associates, Inc. in North Scituate, Rhode Island, who will be discussing the siting of locally unwanted land uses, also known as LULUs.

For my part, I will be discussing how the 34 coastal and Great Lakes states can use the Coastal Zone Management Act’s federal consistency program to protect its communities in the siting of potentially hazardous facilities.

And relying on Rhode Island’s first in the nation ocean zoning program, I will also be discussing how other states can follow Rhode Island’s lead and actually strengthen the protections available under the federal consistency review program.

So all and all Little Rhody is going to have the opportunity to showcase lessons learned here and how this may help other states.

The Webinar airs October 19^th at 1:00 pm – 2:30 pm Eastern, 12:00 pm – 1:30 pm Central, 11:00 am – 12:30 pm Mountain, and 10:00 am – 11:30 am Pacific.

Registration information is available here.

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Those of you now planning your professional development seminars or continuing legal education opportunities for the New Year, consider a comprehensive two day conference to be held in Boston in early March if you have an interest in offshore energy development, coastal regulation, or ocean zoning.

Law Seminars International is sponsoring “A Comprehensive Conference on Offshore Energy Development” to be held at Seaport Boston Hotel on March 3rd and 4^th.

Twenty-four speakers are scheduled for the two full day event, including

•      state and federal officials influential in offshore alternative energy policy and oversight
• ·    lawyers knowledgeable about the regulatory process, and
• ·    industry executives taking leading roles in the development of offshore energy projects.

I will be speaking on “Zoning the Oceans”,  and specifically on Rhode Island’s marine spatial planning initiative, which resulted, after two years and over $8 million dollars,  in the Rhode Island Coastal Resources Management Council's (CRMC) recent completion of its Ocean Special Area Management Plan or Ocean SAMP. That plan provides a comprehensive approach to regulation of nearly 1,500 square miles of offshore waters, the most ambitious and comprehensive special area management plan ever produced by the CRMC.

CRMC’s Ocean SAMP has drawn national attention as an innovative approach to zoning extensive ocean areas to foster uses compatible with marine resource protection, and more specifically, to facilitate the development of offshore energy facilities.  While the effectiveness of the Ocean SAMP for the entire area sought to be regulated (i.e. federal waters beyond Rhode Island state waters) is pending federal review and oversight, CRMC’s Ocean SAMP is an extremely important effort which requires detailed examination.

In addition to ocean zoning, some of the other topics include

• · federal energy policies impacting offshore alternative energy development
• · federal policy priorities in regulating offshore energy development
• · federal and state policy coordination
• · current technological issues in generating offshore electricity
• · case study of a recently permitted offshore liquefied natural gas project

Given the rapidity with which federal and state regulations, litigation, and policies have been moving in this area, this conference should provide an exceptional opportunity to “get current” and “get connected”.

Seminar sponsors suggest lawyers, business executives, environmental professionals and government officials should consider attending if they are involved with:

• shipping
• aquaculture
• electric energy generation
• natural resource extraction
• other uses of the ocean surface and floor

A current program brochure and registration information may be found at: http://www.lawseminars.com/seminars/11OCEANMA.phb

I hope to see you there!

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Given that Rhode Island is the Ocean State, and recreational fishing is extremely popular, I have been following the concern of recreational anglers that a Presidential Task Force may be laying the groundwork for restricting the rights of recreational fishermen.

The Interagency Ocean Policy Task Force, led by the chair of the Council of Environmental Quality and composed of senior policy officials from a number of federal departments and agencies, including Interior, Commerce and Homeland Security, issued an interim report last year on planning for regulation of ocean uses.

 That report raised concerns by listing “recreational fishing” as an activity which will  be “better managed” by federal planners. Interim Framework for Effective Coastal and Marine Spatial Planning.

In a state that only this year saw passage of the first law requiring a fishing license for saltwater, enacted over a Governor’s veto and to howls of protests from recreational anglers, it may be expected that Rhode Island anglers are cool to the idea of being “better managed”.

Because the Task Force is attempting to design an ecosystem management process referred to as marine spatial planning, some organizations representing recreational anglers fear the results could be a type of ocean zoning restricting recreational fishing.

The White House Council on Environment Quality recently issued a press release no doubt designed to quell this concern. In the words of the press release:

“These draft reports….do not contain a zoning plan, and they do not establish any restrictions on recreational fishing or on public access, nor make any judgments about whether one ocean activity or use is better than another…….The Task Force strongly believes in the ability of recreational fishermen and women to continue to enjoy these activities that are critical to the economic, social and cultural fabric of our country.”

Concern is such that it will take review of a final detailed Report to put fears to rest.

For several good postings discussing various facets of this issue, please review the Ocean Zone News Bog, www.thecre.com/zoning-news/, including postings on March 12 and 19^th and February 13^th and 28th.

And if you are truly skeptical after reading these postings, you may want to throw those lines in the water before the “Ocean Gendarmes”  confiscate your rods and reels, or throw you in the lock-up for fishing in the wrong place, or with the wrong equipment, or at the wrong time, or…………….!

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