What are the legal requirements for the development of offshore energy resources?

In New York, any development of offshore energy resources must comply with state and federal regulations. As part of the Federal Outer Continental Shelf Lands Act of 1953, the US Department of the Interior is responsible for regulating the exploration and development of energy resources in federal waters, which extend out to three nautical miles from shore. In addition to this law, the Governor of New York must approve any development within three miles of state waters, and the New York Department of Environmental Conservation must approve any development further than three miles from the shore. The regulations set forth by New York’s Department of Environmental Conservation are designed to protect air, land, and water resources from potential environmental impacts of offshore energy development. The regulations specify the requirements for environmental impact statements, which must be completed before any offshore energy development begins. These statements must include information about the impacts of the development on marine life, habitats, ocean waters, and scenic and recreational areas. In order to develop offshore energy resources, companies must also obtain permits from the US Department of the Interior’s Minerals Management Service and from the State of New York’s Department of Environmental Conservation. These permits will set forth conditions that must be met in order for the development of the resources to move forward. Companies must abide by these conditions in order to ensure the safety of the environment and of the citizens living in the state of New York.

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