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The U.S. lags behind Europe in the development of off- shore wind (OSW) projects in part due to the lack of a mandatory national renewable energy standard and other tax incentives. But, the Obama Administration has set its own volun- tary goal of producing 80% of the nation?s electricity from clean sources by 2035. And, various federal agencies have worked diligently to promote new sources of energy, including OSW and tidal and wave energy. This year, we anticipate the first new commercial leases for wind off the Atlantic Seaboard (since Cape Wind), and the first commercial project for tidal energy in New York Harbor. This article reviews the current legal and regula- tory framework for OSW and tidal energy, and the remaining impediments to further progress and next steps for going forward. Why OSW?The most recent estimate of the Department of Energy?s (DOE) National Renewable Energy Laboratory (NREL) is that there are over 4,000 gigawatts of potential offshore wind resources in the U.S., or four times the existing sources of electricity. Wind is abundant on the U.S. Outer Continental Shelf (OCS) and relatively ?free? once it is tapped. Getting the wind developed and brought to shore is another matter. legal beat Marine Renewable Energy Set to Take Off in 201224MTRMay 2012By Joan M. Bondareff, Nicholas A. Giannasca, and Carlos E. Gutierrez, Blank Rome (Photo: Fundy Ocean Research Center for Energy ? or FORCE) Deploying a tidal turbine in the Bay of FundyMTR#4 (18-33):MTR Layouts 4/27/2012 10:05 AM Page 24