Technological advancements and tax incentives have driven a global expansion in the development of renewable energy resources. Wind energy, in particular, has been cited as the fastest-growing source of new electric power generation, and U.S. wind energy production capacity has been increasing consistently over the past several years. Currently, unlike much of Europe, all wind power facilities in the United States are based on land. However, multiple offshore wind and related infrastructure projects have been proposed in recent years to the Bureau of Ocean Energy Management (BOEM). The CZMA also requires that the federal government and federally permitted activities comply with state programs. The Energy Policy Act of 2005 (EPAct)

Prior to enactment of EPAct in 2005, the Army Corp of Engineers (Corps) took the lead role in the federal offshore wind energy permitting process, claiming jurisdiction pursuant to Section 10 of the Rivers and Harbors Act (RHA), as amended by the Outer Continental Shelf Lands Act (OCSLA). The Corps has jurisdiction under these laws to permit obstructions to navigation within the "navigable waters of the United States" and on the OCS. Section 388 of EPAct sought to address some of the uncertainty related to federal jurisdiction over offshore wind energy development by amending the OCSLA to specifically establish legal authority for federal review and approval of various offshore energy-related projects. A memorandum of understanding between the Department of the Interior and the Federal Energy Regulatory Commission (FERC) signed in April of 2009 confirmed the exclusive jurisdiction of the Secretary of the Interior, exercised through the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEM), an agency within DOI, over "the production, transportation, or transmission of energy from non-hydrokinetic renewable energy projects on the OCS." Further, states also may claim a role in the permitting of offshore wind energy development pursuant to authorities granted under existing federal law.
Technological advancement, financial incentives, and policy concerns have driven a global expansion in the development of renewable energy resources. Wind energy, in particular, is often cited as one of the fastest-growing commercial energy sources in the world. Currently, all U.S. wind energy facilities are based on land. However, multiple offshore projects have been proposed and are at various stages of the federal permitting process.
The United States has the authority to permit and regulate offshore wind energy development within the zones of the oceans under its jurisdiction. The federal government and coastal states each have roles in the permitting process, the extents of which depend on whether the project is located in state or federal waters. Currently, no single federal agency has exclusive responsibility for permitting related to activities on submerged lands in federal waters; authority is allocated among various agencies based on the nature of the resource to be exploited and the potential impacts incidental to such exploitation. The same is true for the offshore wind energy context, where several federal agencies have a role to play in permitting development and operation activities.
Section 388 of the Energy Policy Act of 2005 (EPAct; P.L. 109-58) amended the Outer Continental Shelf Lands Act (OCSLA) to address previous uncertainties regarding offshore wind projects. This provision retained a role for the Army Corps of Engineers in permitting under the Rivers and Harbors Act but grants ultimate authority over offshore wind energy development to the Secretary of the Interior. The statutory authority granted by Section 388 is administered by the Bureau of Ocean Energy Management (BOEM), an agency within the Department of the Interior (DOI). Since the passage of EPAct, BOEM has promulgated rules and guidelines governing the permitting and operation of offshore wind facilities.