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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.

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55 resources

Resource Congress

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 ...

Example Private Entities

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...

Example Executive Branch

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...

Resource Congress

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...

Example Congress

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...

Resource Congress

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...

Resource Congress

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...

Example Executive Branch

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 ...

Example Executive Branch

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...

Resource Congress

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...

Resource Congress

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....

Resource Foreign

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...

Resource Private Entities

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...

Resource Congress

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...

Model Law Congress

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...

Resource Congress

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...

Resource Foreign

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.

Resource Congress

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...

Resource Private Entities

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...

Example Executive Branch

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...

Example Executive Branch

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.

Example Executive Branch

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 ...

Example Public Utilities

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...

Resource Congress

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...

Example States and State Governments

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 ...

Resource Congress

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...

Resource Foreign

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...

Resource Private Entities

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...

Resource Private Entities

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...

Resource Foreign

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 ...

Resource Congress

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.

Resource Congress

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.

Resource Private Entities

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...

Example Congress

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...

Resource Congress

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.

Example Congress

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...

Resource Congress

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...

Resource Congress

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 ...

Example States and State Governments

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...

Resource Foreign

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...

Resource Congress

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.

Resource Foreign

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...

Resource Congress

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...

Resource Congress

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 ...

Resource Local Governments

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...

Resource Congress

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...

Example States and State Governments

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...

Resource Congress

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...

Resource Congress

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 ...

Resource Executive Branch

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...

Resource Congress

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...

Example Congress

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. ...

Example Congress

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. ...

Example Executive Branch

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.

Resource Congress

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...