Permitting, Risk and Marine Hydrokinetic Energy Development

The existing permitting process places significant burdens on MHK testing and prototyping that are significant impediments to technological progress. These permitting processes do not adequately consider the reduced risk from the very small physical scale of current projects, and are also influenced by the sheer uncertainty associated with novel technologies. A more nuanced application of the precautionary principle in applying biodiversity protection statutes to permitting MHK devices is warranted.