Rarely a day goes by without another reminder of the pace with which countries worldwide are planning and proceeding to harness clean, renewable energy. Many of the news accounts reveal the massive dimensions of those plans; indeed, their scale is increasingly reflecting the magnitude of our ambitions. The Thanet Offshore Wind Farm began operation off the coast of England in September this year, with 100 turbines spread over an area of 35 square kilometers and with the potential to generate 300 megawatts (MW) of electricity.

Despite the disappointing outcome of the Copenhagen Climate Conference, the EU is working on a roadmap towards a low-carbon economy by 2050. Ambitious long-term emissions targets can only be achieved if the power sector becomes carbon-neutral. How to achieve a transition to a decarbonised electricity supply is controversial and the subject of much research. In the past, most studies into the future of the power sector have focussed on the medium term and developed scenarios by projecting forward from present costs, technologies and infrastructures. More recently, however, a new generation of scenarios has emerged that adopt a backcasting approach. This paper reviews six influential studies that explore the feasibility of a renewables-based electricity supply in Europe. The analysis shows that, despite major differences in scope and methodological approach, all of the studies analysed come to the common conclusion that a near-complete shift to renewable energy sources by 2050 is technically feasible and economically affordable. Interestingly, however, due to different assumptions and methodologies, the technological trajectories favoured by each of the scenarios show considerable differences, not only in relation to electricity generation technologies, but also in relation to grid and storage issues.

Germany has been a leader in regional and international efforts to address climate change. Renewable energy has assumed a central role in national efforts to reduce greenhouse gas emissions. This article analyzes the various policy instruments that have helped Germany become the world’s largest producer of renewable energy, most importantly the Electricity Feed-In Act and Renewable Energy Sources Act. At the same time, it looks at the political, technical/technological and economic factors that have limited the effect of other policy instruments on the expansion of renewables (e.g., ecological tax reform and the EU’s Emissions Trading Scheme). The article then investigates potential barriers to the further expansion of renewable energy over the near- and longer-term. These include: the impact of the financial crisis on investments, especially in light of plans to shift future wind power generation to offshore parks; an out-dated grid representing potential choke points; the need for a smart grid that can better manage supply and demand, especially in light of concerns about the intermittent nature of wind power and photovoltaics; questions about the impact of the proposed delay in the nuclear phase-out on the continued expansion of renewables; and reservations about the types of “first-generation” biofuels initially encouraged by the policies adopted in Germany and the EU.

This paper examines the policies, regulations and social controversies surrounding wind farm noise in Ontario. Through a case study of Ontario’s wind power regulatory and policy development, we ask how and why noise became a controversy for wind development. The paper examines the nature of the health risks posed by wind turbine noise, provides a detailed description of how Ontario established policies and regulations to address turbine noise, outlines the main controversies in the policy and presents a series of findings based on analysis of the case. In particular, we find that the controversies stem from: (i) different interpretations of global and local risks; (ii) conflation of noise issues with other issues such as property value; (iii) inadequate communication and public engagement; (iv) the loss of local government authority over planning matters; and (v) a growing mistrust in government and industry’s ability to effectively and fairly manage the risks of wind turbine noise.

This article presents the main objectives and aims of the EU policy on energy from biomass resources and the European Industrial Bioenergy Initiative (EIBI), the central technology vehicle for achieving the bioenergy targets of the European Union by 2020 and beyond. The article focuses on the leading role of the biomass industry in providing the deployment of the necessary technologies and the instruments provided by the Strategic Energy Technology (SET)-Plan.

Using horse manure and bedding material as an energy source is an option that deserves consideration in the context of the EU objectives for increasing the use of energy from renewable sources and mitigating climate change. According to a recent ruling by the Finnish Supreme Administrative Court, horse manure is not considered to be a vegetable waste from agriculture and forestry but rather waste in general, and therefore the EU Directive 2000/76/EC on the Incineration of Waste and its strict provisions on emission measurement must be applied when incinerating horse manure and bedding material. Consequently, using horse manure and bedding material as an energy source in incineration plants may be economically unfeasible on a small scale. This article suggests that gasification might be a solution to this problem, taking into account the recent European Court of Justice decision in the Lahti Energia Oy case and the proposal for a Directive on Industrial Emissions. The example of horse manure shows that from the point of view of climate change mitigation, rational solutions cannot always be easily taken under existing legislation.

Brazil has been a world leader in promoting biofuels since the 1970s and throughout the 1980s, reacting at the time to high petroleum prices. During the first decade of the 21st century, with oil prices skyrocketing once again and a strong international consensus about the causes of global warming, biofuels policies in Brazil constitute a viable climate change mitigation tool. However, the recent discovery of large offshore oil reserves has altered the domestic political environment and in 2009 a National Climate Change Policy Act was passed without a single provision on a fuel switch policy that could reduce the country’s risk of future overdependence on fossil fuels. A regulatory strategy to solve the lack of a specific provision in the Climate Act must take into account the extended role envisioned for biofuels in the 1997 Energy Act. Such a provision should be construed in light of the broad objectives set forth in the 2009 Climate Change Act to be used as a legal limitation on the overexploitation and usage of those massive oil reserves. Otherwise, depending on how the vast petroleum reserves are integrated into Brazil’s national energy strategies, the country could risk endangering over three decades of leadership promoting renewable energy sources.

The mandatory biofuel blending targets of the European Union (EU) have been influential in the establishment of a global biofuels market, as they are likely to be achieved through importation from areas with high potential for biofuel expansion, predominately parts of Africa, Latin America and Asia. Prospects of economic and rural development, fuel self-sufficiency and improved balance of trade, rather than climate change mitigation, typically attract these countries to biofuel production, despite the potential for extensive socio-economic and environmental impacts. A number of approaches aiming to optimise the outcomes from biofuel production have been put forward, including: market-based certification, national policy formulation, national legislation, impact assessments, sustainability planning, land use planning, research, monitoring and evaluation. In this paper the benefits, shortcomings and constraints of each are considered. It is concluded that: (i) sustainability of biofuel production cannot be entirely achieved through a single method, so aspects of all approaches are required; (ii) sustainability criteria are both country and project specific; (iii) the capacity to use different instruments varies between countries; and (iv) a tension exists between the stringent requirement for greenhouse gas mitigation from the EU perspective versus developing country requirements for economic and rural development. If the EU is determined to use certification to ensure the sustainability of biofuels, then it must invest in developing countries to support strong national policy and decision making as well as practical technology support, grants, transfer of skills and more.

The formulation of renewable energy strategy and regulation is undergoing tremendous change in Hungary. The government has recently classified renewable energy as a key priority for economic development and the EU Renewable Energy Directive (2009/28/EC) lays ambitious targets for the country: By 2020 13 % of Hungarian energy consumption must come from renewable sources. However, a number of regulatory mechanisms concerning renewable energy must be promptly reconsidered to achieve the tremendous potential for success of renewable energy in Hungary.

Property and the Law in Energy and Natural Resources, edited by Aileen McHarg, Barry Barton, Adrian Bradbrook and Lee Godden. New York: Oxford University Press, 2010, £80, Hardback. Property and the Law in Energy and Natural Resources is the fifth book in a series produced by the International Bar Association’s Section on Energy and Environment, Natural Resources and Infrastructure Academic Advisory Group.

Developments in two of the largest renewable energy markets (the US and the EU) since the last issue of this Journal portend varying support for renewables in the coming years. The November election in the United States has removed any chance of climate change legislation in the next two years, and, though national legislation is still theoretically possible, the impetus for enhanced action on renewable energy policy (to say nothing of climate policy) lies again in the hands of the various US States. In the EU, however, work is underway to better coordinate energy policies across the Member States (starting from the newly completed Energy 2020 Strategy) that will have implications for energy security, grid connections, energy efficiency, and, naturally, renewable energy.

In your hands you now hold this year’s first issue of RELP, the Renewable Energy Law and Policy Review, containing intense and high-quality articles that we are proud to present.

In the continuing absence of a carbon price, the effectiveness of Australian renewable law in promoting the essential transition to clean energy supply has taken on greater importance. This paper examines the effectiveness of Australian renewable energy law between 2000 and 2010 under the Commonwealth’s Renewable Energy (Electricity) Act 2000 (Cth) – the centrepiece of Australian renewable energy law. A critical examination of the results achieved under the legislation shows Australian renewable energy law has been only partially successful in bringing about the switch to renewable energy sources. This paper critically examines the legislative amendments made to the Renewable Energy (Electricity) Act 2000 (Cth) in June 2010 and analyses the role of renewable energy law in the closely fought federal election of August 2010. Although there is strong support across the Australian political spectrum for a progressive renewable energy law agenda, further legislative amendments are required to make more effective use of Australia’s vast natural, renewable resources.

This paper investigates the major driving forces behind China’s wind energy policy transformation, including the Renewable Energy Law (REL), the Clean Development Mechanism (CDM), and the increased participation of stakeholders like large stateowned enterprises (SOEs), government-organized non-governmental organizations, and multinational companies. Much of the data collected in this paper was gathered from interviews with senior officials in the National Development and Reform Commission (NDRC), large SOEs, and other influential public and private actors in the Chinese wind energy sector. This paper presents three findings: First, Chinese wind policy has shifted from supporting ad hoc projects to developing strategic policies. Second, critical problems remain unsolved in projects and policies involving the CDM. Third, the central government is no longer the sole influential actor in China’s wind policy, with other stakeholders playing an increasingly critical role.

Nigeria has significant fossil fuel and renewable energy resources. Public policy has focused on support of the former. This paper provides an overview of the current energy policy situation in Nigeria and also outlines the considerable renewable energy resources that the country has. Using the experience of Germany in promoting the installation of renewable electricity systems with a series of legal mechanisms, particularly the use of a feed-in tariff, this article explores legal and policy options for Nigeria to follow the German example in promoting the installation of renewable electricity systems.

Venezuela, one of the most important oil exporting countries, presents a paradox: the country (and its energy system) has a deep dependence on oil, not as an energy source but as a financial source that supports the political system. Since the mid-fifties, the condition of Venezuela as an oil exporting country has favored the development of hydroelectricity as a major source of electricity. Renewable energy sources (RES) are seen as a means to achieve sustainable economic development, and the Venezuelan government has started to support wind and solar energy in recent years, despite its conventional energy resources. This article explores the chances for and obstacles to promoting the use of RES in oil exporting countries using the example of Venezuela.

I. Recent Developments By the end of 2010, the total installed wind energy capacity in Germany was 27,214 MW, of which 1,551 MW was added in 2010.1 In 2009, 1,917 MW were added, indicating a year-over-year reduction in installation of 19 % from 2009 to 2010. The number of plants increased by 754 MW in 2010; overall there were 21,607 wind power turbines installed. Wind energy has extended its leading position among renewables, and now accounts for more than 7 % of gross electricity consumption in Germany, which is about half of all electricity generated from renewables (16.4 % of gross electricity consumption in 2010). The proportion of wind in the energy mix in Germany is expected to grow in the future.

Introduction The price of failure is too high. Energy is the life blood of our society. The wellbeing of our people, industry and economy depends on safe, secure, sustainable and affordable energy. At the same time, energy related emissions account for almost 80 % of the EU’s total greenhouse gas emissions. The energy challenge is thus one of the greatest tests which Europe has to face. It will take decades to steer our energy systems onto a

The European Commission released its Communication “Energy 2020 – A strategy for competitive, sustainable and secure energy” in November 2010. The Communication calls for a new EU energy strategy by focussing on five key priorities: energy efficiency, an integrated EU energy market, empowering consumers, technological shifts and strong global leadership.

I. Target As already decided in the framework of the 2008 Climate and Energy Package, the Energy 2020 Communication (COM(2010)639 final) of the European Commission confirms the goal of an efficient use of energy that translates into 20 % savings by 2020. It should be noted that this goal of 20 % is presently not legally binding, unlike the targets established for the use of renewables (20 %) and the reduction of GHG emissions (20 %). However, in contrast with the unclear position of the Commission and the Council in this debate, the European Parliament nowadays explicitly desires legally binding national energy efficiency targets, if the implementation of the existing energy efficiency legislation proves to be insufficient.