Law & Policy
Sea Grant Law Fellow Brian Eisenhower's project with Bluewater Wind, in his own words
I chose to attend Roger Williams because it is an up-and-coming law school that offers many unique opportunities, especially in the area of my primary interest: Maritime and Environmental Law. As a Sea Grant Law Fellow, I have had the chance to analyze cutting-edge legal issues related to offshore alternative energy projects. This program added a rich dimension to my experience and also allowed me to tap into my background in ship design. I researched two legal issues for Bluewater Wind, an offshore wind developer that is leading the way in Delaware, New Jersey, New York, and Rhode Island.
In March, the Minerals Management Service of the Department of the Interior released its Draft Programmatic Environmental Impact Statement (EIS) for Alternative Energy Development and Production and Alternate Use of Facilities on the Outer Continental Shelf (OCS). The voluminous document describes current alternative energy technologies, the environment in which they might be implemented, and the resulting environmental impacts. I analyzed the Programmatic EIS from the perspective of an offshore wind developer in the Atlantic region and reported my findings to Bluewater Wind. The Programmatic EIS is generally favorable to alternative energy development, with most expected impacts described as negligible to moderate. Regulations governing alternative energy projects on the OCS are expected at year's end.
I also had the opportunity to analyze the implications of U.S. cabotage law for the first offshore wind farms. This is an interesting application of long-standing, but controversial, maritime law. U.S. cabotage provisions require U.S.-flagged vessels for any transportation of cargo or passengers between U.S. coastwise points. The Outer Continental Shelf Lands Act extended federal jurisdiction to the seabed of the OCS; as a result, installation vessels in contact with the seabed constitute coastwise points, from or to which no cargo may be transported by a foreign-flagged vessel. This is problematic for offshore wind developers because the few vessels capable of transporting and installing wind turbines are foreign-flagged. My final product was a legal memorandum proposing cost-effective cargo transportation strategies for the installation of the first U.S. offshore wind farms in light of Jones Act requirements.
In short, I am having a great experience because RWU enables me to see the real-world application of the concepts that I learn in class and through my research.
Community service orientation with the Sea Grant Legal Program and the Woonasquatucket River Watershed Council
This year is the first in which incoming law students are required to take part in a community service orientation project. The Marine Affairs Institute/Rhode Island Sea Grant Legal Program decided to expose incoming students to a more urban watershed by engaging the Woonasquatucket River Watershed Council (WRWC) in its efforts. The WRWC is a nonprofit organization whose mission is to support and promote the restoration and preservation of the Woonasquatucket River Watershed as an environmental, recreational, cultural, and economic asset in Rhode Island. Unbeknownst to some, the river flows 19 miles south and east to downtown Providence, where it joins the Moshassuck River to form the Providence River, which in turn flows into Narragansett Bay. While the river itself is only 19 miles long, the Woonasquatucket watershed covers 50 square miles.
On August 15th, students will commit a half a day to assisting with the creation of graffiti-style signs for Merino Park, combining environmental education and art to creatively address park issues. The law students will also help to beautify an existing mural damaged by graffiti. To further improve the brownfield site, students will take part in a park clean up by picking up litter along the river and hillside. The project’s goal is to create more programming for neighborhood residents, establishing Merino Park as a safe city park along the Woonasquatucket River Greenway.
The Institute/Sea Grant Legal Program is excited at the prospect of introducing students to urban watersheds in Providence, impressing upon them the continued need for future environmental attorneys.