Technological Innovation
Deep decarbonization will require the widespread and relatively rapid deployment of clean technologies that are consistent with a deep decarbonization pathway. Market forces, including the potential for cost savings from energy efficiency, corporate responsibility programs, and public relations, will provide some incentives for adoption of cleaner technologies, but will be insufficient to drive adoption of decarbonization technologies as broadly and as quickly as needed. Accordingly, legal interventions will be needed to force adoption of decarbonization technologies at the level and pace needed to prevent unacceptable climate change harm. The chapter addresses the choice, implications, and coordination of legal interventions needed to meet deep decarbonization goals, focusing on the United States. There are a number of possible legal interventions available to encourage technologies consistent with deep decarbonization, but none alone are sufficient to achieve the deep cuts needed in carbon emissions set forth in deep decarbonization pathways. Therefore, a portfolio of different legal tools will be needed, and must be coordinated to ensure an integrated effort.
Sub-topics
- Promoting Decarbonization through R&D 23 resources
- Tax Treatment for Decarbonization R&D 3 resources
- Prizes and Competitions To Encourage Innovation 6 resources
- Reports on Advancing Decarbonization Technologies 12 resources
- Eliminating Fossil Fuel Subsidies 1 resource
- Using Government Procurement to Support Innovation 8 resources
- Patent Incentives 3 resources
- AI in Climate Mitigation 1 resource
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55 resources
Proposed Clean Energy Innovation and Deployment Act of 2020
This proposed 2020 Congressional legislation: Would provide financial support for RD&D into long-term energy storage and carbon storage infrastructure, among other things. Would enact a federal Clean ...
Virgin Earth Challenge
The Virgin Earth Challenge, offered by billionaire Richard Branson, was a $25 million prize for the development of a commercially viable design which results in the removal of anthropogenic, atmospher...
DOE Advanced Battery R&D Awards
In 2017, DOE made a collective $5.7M award to Battery500, a consortium of battery companies, to fund 15 projects geared towards developing a battery that costs less than $100/kWh. In 2018, DOE followe...
Proposed SEA FUEL Act of 2019
The proposed SEA FUEL Act of 2019 would require DOD to develop a two-phased research, development, demonstration and subsequent testing program for direct air capture and blue carbon removal technolog...
Energy Policy Act of 2005
The Energy Policy Act of 2005 authorized DOE to offer cash prizes of up to $10 million for “breakthrough achievements in research, development, demonstration, and commercial application” for energy-re...
Report, Using Regulation to Change the Market for Innovation
A classic 1985 article, Using Regulation to Change the Market for Innovation, argues that market pull can be stimulated by properly structured regulation. It presents a model of the effects of regulat...
Proposed Solar Energy Research and Development Act of 2019
The proposed Solar Energy Research and Development Act of 2019 directs DOE to carry out an RD&D program that improves the capacity, efficiency, reliability, security, and affordability of solar energy...
Gateway for Accelerated Innovation in Nuclear
DOE’s Gateway for Accelerated Innovation in Nuclear program seeks to provide the nuclear community with access to the technical, regulatory, and financial support necessary to move innovative nuclear ...
Advanced Research Projects Agency–Energy (ARPA-E)
The Advanced Research Projects Agency–Energy (ARPA-E) was established in 2007 to bring new technologies from laboratory to market. ARPA-E has distributed $1.5 billion in R&D funding to more than 580 p...
ITIF report, An Innovation Agenda for Deep Decarbonization
The Information Technology and Innovation Foundation report, An Innovation Agenda for Deep Decarbonization, diagnoses the limits of the current clean energy innovation agenda and identifies sectors an...
Report, A Survey of Key Technological Innovations for the Low Carbon Economy
The Grantham Institute’s report, A Survey of Key Technological Innovations for the Low Carbon Economy, summarizes the main technological innovation priorities required to achieve deep decarbonization....
IRENA report, Renewable Energy Technology Innovation Policy
The 2015 IRENA report, Renewable Energy Technology Innovation Policy, is a guide for policy makers in implementing national or sub-national policies to support innovations in renewable energy. It prov...
Goldman Sachs report, The Low Carbon Economy
Goldman Sachs report, The Low Carbon Economy: Technology in the Driver’s Seat, argues that LEDs, solar PV, onshore wind and electric vehicles will maintain momentum and are now as much a transformativ...
Report, Innovation and Climate Policy
David Popps 2010 report, Innovation and Climate Policy, reviews the literature on environmental innovation and diffusion, with a focus on studies relevant to the development of clean energy technologi...
LPDD Model Law: Removal of Favorable Tax Treatment for Coal
The attached model bill and supporting memorandum propose amendments to the Internal Revenue Code to eliminate favorable treatment of coal mining and production, as recommended in Chapter 4 of the LPD...
Proposed Nuclear Energy Leadership Act of 2018
The proposed Nuclear Energy Leadership Act of 2018 would have included enhanced federal investment in the nuclear industry, establishing facilities to test and develop advanced nuclear reactors and to...
Report, Scaling Technologies to Decarbonize Energy
The World Economic Forum’s 2015 report, Scaling Technologies to Decarbonize Energy, highlights 15 high potential technology areas and pathways to speed up renewable energy development and deployment.
Report, Energizing America
This 2020 report by the Columbia University SIPA Center on Global Energy Policy offers the incoming Biden administration and Congress a strategic framework to triple US annual investment in energy inn...
Model Green Supplier Agreement Terms
The Chancery Lane Project, a collaborative effort of UK lawyers to develop new contracts and model laws to help fight climate change, has published a model green procurement checklist and clause to ma...
Pilot Program for Green Technologies Including Greenhouse Gas Reduction
The US Patent and Trademark Office’s commenced a Pilot Program for Green Technologies Including Greenhouse Gas Reduction in 2009, under which patent applications for green technologies received expedi...
DOE’s Vehicle Technologies Office
The DOE’s Vehicle Technologies Office supports research in a variety of fields relating to electric and hybrid vehicles, including applied battery research.
SunShot Initiative
The DOE’s SunShot Initiative was launched in 2011 with the goal of reducing the cost of solar energy 75% by 2020, which target was met three years early. The program has set a 2030 goal to halve that ...
Connecticut’s Innovative Energy Solutions Program
In March 2022, Connecticut regulators approved a new Innovative Energy Solutions (IES) program to accelerate the state’s grid modernization efforts by facilitating partnerships among private companies...
Proposed Wind Energy Research and Development Act of 2019
The proposed Wind Energy Research and Development Act of 2019 requires the DOE to carry out a wind energy research, development, testing, evaluation, and demonstration program; reduce the cost and ris...
Massachusetts’ Clean Energy Grid Legislation
Massachusetts’ S.2967, An Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers, reforms the siting and permitting of clean energy facilities, as well as the gas distribution ...
Report, The Role of Patent Protection in (Clean/Green) Technology Transfer
The Santa Clara High Technology Journal’s 2010 article, The Role of Patent Protection in (Clean/Green) Technology Transfer, reviews the evidence on the role of patents for innovation and the hurdles i...
OECD report, Aligning Policies for a Low Carbon Economy
OECD’s 2015 publication, Aligning Policies for a Low Carbon Economy surveys the efficacy of R&D tax credits, innovation investment portfolio theory, and the effects of removing unhelpful subsidies for...
Model Termination for Greener Supplier Clause
The Chancery Lane Project, a collaborative effort of UK lawyers to develop new contracts and model laws to help fight climate change, has published a model standard clause in merchant-customer contrac...
Model Green Termination Provision
The Chancery Lane Project, a collaborative effort of UK lawyers to develop new contracts and model laws to help fight climate change, has published a model standard clause in merchant-customer contrac...
Report, Aligning Policies for Low-Carbon Systemic Innovation in Europe
The Centre for European Policy Studied and Industrial Innovation for Competitiveness published a 2016 report, Aligning Policies for Low-Carbon Systemic Innovation in Europe, which considers potential ...
Proposed USE IT Act of 2019
The proposed USE IT Act of 2019 would further the development and innovation of carbon utilization and direct air capture technologies and processes.
Proposed H-Prize Act
In 2007, the House of Representatives passed the H-Prize Act to authorize $70 million in prizes for advancements in hydrogen energy.
Model Clause on Supplier Environmental Threshold Obligations
The Chancery Lane Project, a collaborative effort of UK lawyers to develop new contracts and model laws to help fight climate change, has published a model clause setting legally enforceable environme...
Environmentally Preferable Purchasing Program
The federal government has operated an Environmentally Preferable Purchasing Program for several decades under the 1990 Pollution Prevention Act, which focuses federal procurement programs on clean te...
Proposed Distributed Energy Demonstration Act of 2017
The proposed Distributed Energy Demonstration Act of 2017 would have required the DOE to establish demonstration grant programs for Smart Grid technologies.
Federal nuclear research grants
In 2017, DOE announced nearly $67 millionin grants awarded towards advanced nuclear energy research from a series of funding programs, including $37 million to support university-led nuclear energy re...
Proposed Vehicle Innovation Act of 2017
The proposed Vehicle Innovation Act of 2017 would have strengthened the DOE’s Vehicle Technologies Office, authorizing R&D grants starting at $313.6 million for fiscal year 2018, with a 4% increase ea...
Report, The Role of Patent Law in Incentivizing Green Technology
The Northwestern Journal of Technology and Intellectual Property published a 2013 article, The Role of Patent Law in Incentivizing Green Technology, which surveys the incentive that the patent system ...
NYSERDA Smart Grid Funding
Throughout 2019, the New York State Energy Research and Development Authority has put forward funding opportunities for advancing smart grid development in waves, including a $15 million Future Grid C...
OECD report, The Role of Public Procurement in Low-carbon Innovation
The OECD’s 2016 report, The Role of Public Procurement in Low-carbon Innovation, argues that a number of practical solutions can make green procurement more effective for low-carbon innovation, includ...
Proposed BEST Act of 2019
The proposed BEST Act of 2019 would amend the Energy Storage Competitiveness Act of 2007 to create a research, development, and demonstration program for grid-scale energy storage systems.
IISD report, Procurement, Innovation, and Growth
The International Institute for Sustainable Development’s 2012 report, Procurement, Innovation, and Growth, contends that public procurement serves as a key policy tool for governments to act as a mar...
Report, Artificial Intelligence for Climate Change Mitigation Roadmap
This 2023 roadmap asks whether AI can help cut emissions of greenhouse gases, and explores how. The report explores six areas in which AI is helping respond to climate change already, including emissi...
Report, Energy Efficient Technology Diffusion Factors
A 2012 report, Energy Efficient Technology Diffusion Factors: A Systemic Review, shows that expected improvement in energy consumption has not been achieved in spite of the innovation and improvement ...
Carbon Neutral Cities Alliance Innovation Fund
The Carbon Neutral Cities Alliance Innovation Fund was created in 2015 to invest in high-potential, city-led projects that develop, test, implement and amplify deep decarbonization strategies and prac...
NASEM report, The Power of Change
A 2016 NASEM report, The Power of Change: Innovation for Development and Deployment of Increasingly Clean Electric Power Technologies, provides an assessment of current technologies and policies for a...
Massachusetts’ Climate Tech Legislation
In November, 2024, Massachusetts enacted an economic development bill that includes a $400 million investment in climate tech initiatives and creates a new tax incentive program to support climate tec...
Proposed LEADING Act of 2019
The proposed LEADING Act of 2019 would require DOE to establish a program to develop cost-effective carbon capture technologies that can be used at natural gas-generating power facilities. The bill wo...
Report, Eyes on a Climate Prize
The Harvard Environmental Law Review’s 2008 article, Eyes on a Climate Prize: Rewarding Innovation to Achieve Climate Stabilization, outlines the theory and history of the use of inducement prizes to ...
OMB Guidance to Federal Agencies on Use of Prizes
In 2010, OMB issued guidance to federal agencies on the use of challenges and prizes to spur technological innovation. It explained that many federal agencies have sufficient statutory authority to cr...
Report, Exploring the Role of Advancing Nuclear in Future Energy Markets
EPRI’s 2018 report, Exploring the Role of Advanced Nuclear in Future Energy Markets, developed a modeling study to inform nuclear R&D, future modeling research, and technology developers’ priorities a...
Proposed Financing Our Energy Future Act of 2019
The proposed Financing Our Energy Future Act of 2019 concerns Master Limited Partnerships (MLPs). An MLP is taxed as a partnership but ownership interests are traded like corporate stock on a market. ...
Advanced Technologies Vehicle Manufacturing Program
The Advanced Technologies Vehicle Manufacturing Program provides direct loans to automotive or component manufacturers for reequipping, expanding, or establishing manufacturing facilities in the U.S. ...
EO 13693
In 2015, Executive Order 13693 put in place specific sustainability and energy efficiency goals in federal purchasing decisions. It was revoked in 2018 by EO 13834.
Report, Lessons From the Past for Assessing Energy Technologies for the Future
Albert Lin’s 2014 article in the UCLA Law Review, Lessons From the Past for Assessing Energy Technologies for the Future, considers the novel and uncertain hazards of new energy technologies. It prese...
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