Violent storms, excessive heat, extensive drought, and destructive wildfires with their choking smoke are common realities of the 2020s and underscore the urgent need to mitigate climate change. As agreed at COP28 in 2023, the world needs to move away from fossil fuels and prioritize the decarbonization of energy production. While Europe and China have taken the lead on developing offshore wind to make this transition, the U.S. is just starting to see operational projects off the northeast coast in the Atlantic Ocean. The vast Great Lakes caught public attention in 2023 when the National Renewable Energy Laboratory showed substantial wind resources over the Great Lakes; so much wind energy resource potential that five of the eight Great Lakes states could meet their statewide annual electricity demands and provide renewable power beyond their borders. This opportunity for Great Lakes wind energy resources to contribute to the regional energy mix and the economic growth of the region will only be realized if there is a legal framework in which to develop this untapped renewable resource.

     While the federal government has taken a leading role in the ocean, the Great Lakes states have primary jurisdiction as trustees of the Great Lakes. Thus, the eight Great Lakes states individually or through a regional collaboration are the primary actors to determine how offshore wind will be developed. In this article we argue the states should use the renewables revolution to rethink our approach to energy production and create legal frameworks that result in energy production with net positive outcomes for the environment and society. By this we mean that offshore wind projects should, by design, go beyond the typical environmental law framework of avoid, reduce, and mitigate environmental harm; instead, government should select offshore wind projects based on how far they advance the triple bottom line with environmental, social, and financial benefits. We argue that as trustees over the Great Lakes, government should plan, auction, and issue leases to offshore wind projects based on their net positive benefits. We provide leading examples from Europe and the United States for the Great Lakes states to consider as they evaluate how to build a legal framework to harness the potential of offshore wind and offer actionable recommendations.