On March 25, 2019, and about 18 months after its formal application, Icebreaker Wind1 received a key construction permit from the United States Army Corps of Engineers (USACE) under section 10 of the Rivers and Harbors Act2 and section 404 of the Clean Water Act.3 In the related press release,4 Icebreaker Wind states that it is continuing to work toward obtaining the remaining state and other approvals needed for the project. If the approvals are obtained, Icebreaker Wind would be the first freshwater offshore wind power project in North America. Construction could begin by 2021.

For our earlier Perspectives pieces regarding Icebreaker Wind and its Lake Erie project, see: https://www.mayerbrown.com/en/perspectives-events/publications/2018/10/in-major-step-forward-icebreaker-wind-receives-a-f and https://www.mayerbrown.com/en/perspectives-events/publications/2018/07/great-lakes-offshore-wind-icebreaker-project-condi.

2 Formally, the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. §403, Chapter 425, March 3, 1899, 30 Stat. 1151.

3 33 U.S.C. §1251 et seq..

4 Available at http://www.leedco.org/index.php/blog/205-press-release-lake-erie-wind-energy-project-earns-a-key-federal-approval-army-corps-approves-project-construction-after-ohio-epa-confirms-that-project-meets-water-quality-standards.

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