The direct involvement of the
renewable energy industry
would make the strongest
case for eliminating the competitive advantages fossil fuel
pHOTO COURTESEy OF CUpERTiNO ElECTRiC
National regulations may be particularly useful in opening markets in the South and Midwest, where
coal-fired power plants have an economic advantage that is hard for renewables to compete with.
businesses now enjoy.
law, but the voters of California strongly reaffirmed the act. Like the EPA at the federal level,
the California Air Resources Board has adopted
a plan to implement the California law, and the
same dynamic will play out as the Board adopts
specific regulations and those regulations go
into effect, as noted in the 2010 Deutsche Bank
report ( tinyurl.com/DBCCAreport):
Industry Association of Washington v. Washington
State Building Code Council, No. C09-5633 RJB,
W.D. Wash.). On the positive side, coal opponents around the country have brought more
than 70 cases challenging the permits for new
coal-fired power plants. (See cases collected in
U.S. climate litigation chart at the Columbia Law
School Center for Climate Change Law: tinyurl.
com/climatecasechart.)
Most of the regulations in California and
other states are at least a year or two from
taking effect. Once they do, many will surely
be challenged in court. Challenges also have
been threatened to the cap-and-trade programs that are being developed under the
Western Climate Initiative and the Midwestern Greenhouse Gas Reduction Accord.
Copyright © 2011 by the American Solar Energy Society Inc. All rights reserved.
The Board is re-evaluating its plan, its statewide cap-and-trade system and its other regulations, and oil refiners already have brought a case
against the low-carbon fuel standard adopted
by the Board (National Petrochemical and Refiners Association v. Goldstene , No. C-F-09-2234,
E.D. Cal.).
Throughout other states, multiple cases are
pending that also bear on climate change and
the transition to a low-carbon economy. For
example, in Washington, traditional builders
have challenged the state’s new energy-efficiency
requirements in its state building codes (Building
Renewables industry Can Be
Effective advocates
Renewable energy industry participation in
greenhouse gas regulation and litigation could
serve at least three important goals:
Advancing the Market. First, the growth of
American renewable energy depends in part
on whether our federal and state governments
limit greenhouse gases and promote the transition to a low-carbon economy. Greenhouse gas
regulations will put a price on carbon pollution,
making renewable energy more competitive,
and will provide substantial additional drive to
push the industry forward. National regulations
may be particularly useful in opening markets in
the South and Midwest, where coal-fired power
plants have an economic advantage that is hard
for renewables to compete with.
Making a Strong Case. Second, energy policy
and greenhouse gas regulation is in the hands of
the EPA, the states and the courts, and participa-
tion by renewable energy companies could deter-
mine the effectiveness of these regulations and
outcomes of the cases. To reach sound decisions,
agencies and judges need clear and credible pre-
sentations of the economic, environmental and
national security benefits of renewable energy
and energy efficiency. The direct involvement of
the renewable energy industry would make the
strongest case for eliminating the competitive
advantages fossil fuel businesses now enjoy.
solartoday.org SOLAR TODA Y June 2011 47
