Legal issues associated with renewable fuels

Abstract

While the science underlying renewable fuels is not new, carbon reduction mandates, a need to better address solid waste, the availability of cheaper power, such as from excess renewable generation, and technological advancements have significantly improved the economic base case for renewable fuels. In early 2022, geopolitical changes stemming from the Russian invasion of Ukraine and related disruptions to energy markets created a sense of urgency around fuel supply. Separately, while renewable fuels can be a pathway to satisfying environmental, social and governance (ESG) objectives, the production and use of such fuels do have adverse properties (eg emissions or heavy power requirements, in some cases) and may not always be considered ‘green’. The aim of this panel, organised by the Power Law Committee of the Section of Energy, Environmental, Natural Resources, and Infrastructure Law (SEERIL) of the International Bar Association, was to showcase emerging trends in renewable fuels, which were defined as fuels made from biomass and other feedstocks, and the production of hydrogen fuels, often from electrolysis. The panelists addressed aspects of the foregoing, each through the lens of their home jurisdiction and experience. The panel discussion took place during SEERIL's May 2022 biennial meeting.