Governing Confusion: How Statutes, Fiscal Policy, and Regulations Impede Clean Energy Technologies

摘要: INTRODUCTION The United States shares with many other countries the goal of Nations Framework Convention on Climate Change "to achieve ... stabilization greenhouse gas concentrations in atmosphere at a level that would prevent dangerous anthropogenic interference climate system." (l) critical role new technologies achieving this is underscored by fact most gases (GHGs) emitted over next century will come from equipment and infrastructure has not yet been built. As result, fuels have potential to transform nation's energy system while meeting change as well security goals. Many believe advancing clean (2) could allow both economic development. (3) Further, if are successfully developed parallel early action promote deployment, cost be significantly reduced. assumed availability future strong driver costs models. (4) Edmonds et al. studied atmospheric C[O.sub.2] concentration 550 parts per million volume (ppmv) showed accelerated pace technology improvements deployment produce reduction factor 2.5 2100 relative baseline incorporating "business usual" rate technical change. (5) Given need for large-scale GHG emission reductions, challenge move toward actions go beyond research development strategies target rapid absorption GHG-reducing into economy. Most technological innovations do survive transition invention marketplace success. While they may technically feasible, various obstacles them gaining market share. In addition, best practices representing already proven cost-effective approaches mitigation under-utilized. longevity much power plants building stock prolongs operation obsolete impediments cause suboptimal choices made when finally turn over. there barriers commercialization technologies, those imposed legislatures regulators particularly interest operate cross-purposes government-stated intentions reductions. This article focuses legal fiscal policy, regulation, statutes. For each policy realm--fiscal, regulatory, statutory--distortionary policies discussed. some cases, these unfavorable because place disadvantage, sometimes favoring competing technologies. ineffective their intended outcome undermined design flaws, loopholes, burdensome procedures circumvent goal. Still instances, uncertain state local variability, fluctuating short-term policies, extended debates about alternative scenarios can forestall commitments or accelerate investments carbon-intensive options. aggregate, act confuse investors, consumers, inventors, producers decisions assessment distortionary relies review literature twenty-seven expert interviews. These interviews experts government, national laboratories, industry, universities, consulting firms provided an up-to-date overview conditions associated barriers, along substantial detail nature imperfections illustrative failures successes. …