Development of New and Renewable Energy

Study Case Development of New and Renewable Energy in the United States Reviewed from the Perspective of Sustainable Development and Good Environmental Governance Michael Kurniawan (2018123456) University of Cincinnati, 2600 Clifton Ave, Cincinnati, OH 45221, United States kurniaml@mail.uc.edu Abstract The need for clean energy has become a global concern. This is triggered by the massive use of fossil fuels that produce greenhouse gas (GHG) emissions, especially carbon dioxide (CO₂), which contribute to climate change and global warming. In this context, new and renewable energy is seen as a solution to these environmental problems. The United States has declared its commitment to reducing GHG emissions through its Nationally Determined Contribution (NDC) as part of its obligations under the Paris Agreement. This article aims to review renewable energy policies in the United States, assessing the extent to which these policies are in line with the Sustainable Development Goals (SDGs) and comply with the principles of good environmental governance. This study confirms that the development of sustainable energy in the US requires a new paradigm and system. Therefore, regulations related to new and renewable energy need to be incorporated into comprehensive policies that are consistent with the principles of sustainable development and environmental governance. Keywords: sustainable development, environmental governance, new and renewable energy MICHAEL KURNIAWAN 1 Study Case INTRODUCTION Continuous growth in global population and economy has led to an increase in energy demand. This has the potential to cause an energy crisis as demand exceeds supply. Excessive consumption of fossil fuels also increases GHG emissions, particularly CO₂, which is a major contributor to global warming. Therefore, reducing carbon emissions through energy transition to sustainable energy sources has become an important agenda for many countries, including the United States. However, the shift to clean energy requires a new approach, especially since large investments in power plant construction are still ongoing in developing countries to meet growing energy demand. Given that power plant infrastructure operates over the long term, the use of clean and environmentally friendly technologies is crucial to reducing carbon emissions. Energy plays a strategic role in national development. Energy can create a balance between economic, social, and environmental goals as reflected in the concept of sustainable development. Sustainable development is defined as an effort to meet the needs of the current generation without compromising the ability of future generations. In this case, new and renewable energy becomes an important pillar. The United States has ratified the Paris Agreement through federal regulations. In line with its national energy policy, the US aims to increase its primary energy mix with a minimum share of renewable energy of 23% by 2025 and 31% by 2050, as long as it is economically feasible. The potential for renewable energy in the US is sufficient to achieve these targets. According to data from the U.S. Energy Information Administration (EIA), installed renewable energy capacity has grown significantly, particularly from wind and solar power. In 2018, renewable energy capacity was recorded at around 125 GW or 17% of the total national power generation capacity, but its utilization is still considered suboptimal. Based on the Global Sustainability Index, the US energy system ranks better than many countries, but still faces challenges in a comprehensive energy transition. Several factors hindering the achievement of these targets include the inconsistent federal legal framework in supporting energy transition and the dominance of fossil fuels in the electricity sector. Although the government is encouraging the accelerated adoption of electric vehicles, the delay in decarbonizing the electricity sector means that MICHAEL KURNIAWAN 2 Study Case this strategy is not yet fully effective. Based on this background, this article discusses the development of new and renewable energy in the United States from the perspective of sustainable development and environmental governance, as well as the urgency of formulating stronger regulations to support the transition to clean energy. RESEARCH METHOD This study uses a normative juridical method, namely legal research that focuses on literature review and secondary data. The analysis was conducted through a review of regulations, federal policies, and academic literature related to renewable energy and sustainable development. The approaches used were the statute approach and the conceptual approach. RENEWABLE ENERGY AND SUSTAINABLE DEVELOPMENT Energy is defined as the ability to perform work in various forms such as heat, light, mechanical, chemical, and electromagnetic. Energy is a fundamental input for economic activity, so a major transformation is needed in how it is produced, distributed, and consumed. The global energy system is still heavily dependent on fossil fuels, which not only reduce air quality but also contribute significantly to carbon emissions. This has created a strong impetus to develop new and renewable energy sources. New energy refers to the results of technological innovations that do not fall into the categories of fossil fuels or conventional renewable energy, such as nuclear energy, fuel cells, or plasma energy. Meanwhile, renewable energy includes energy sources that are sustainable if managed properly, such as wind, solar, geothermal, bioenergy, water flow, and tidal energy. Power plants are a major sector in the utilization of renewable energy, and the latest technologies continue to be developed to improve efficiency and reduce production costs. On a global scale, China ranks first in the world in terms of installed wind, solar, and hydro energy capacity. In 2014, the installed capacity of hydroelectric power plants in the country reached 282 GW. In the United States, power plant capacity as of June 2020 was recorded at around 1,100 GW, with the main contributions coming from natural gas, coal, and renewable MICHAEL KURNIAWAN 3 Study Case energy such as wind (105 GW), solar (76 GW), and hydro (79 GW). In 2021, the US also had significant geothermal reserves, although their utilization was still limited to around 3.7 GW. This data shows that fossil fuels still dominate the national energy mix. Sustainable development is a development paradigm that balances social, environmental, cultural, and economic dimensions. This concept was first introduced by the Brundtland Commission Report (1987) as development that meets current needs without compromising future generations. This global agenda is outlined in the Sustainable Development Goals (SDGs) with 17 goals to be achieved by 2030, covering poverty eradication, clean energy, social justice, and ecosystem protection. Imbalances will arise if natural resources are exploited faster than nature can restore them. Exploitative and extractive human activities not only cause resource scarcity but also degrade the global environment. Therefore, the success of sustainable development requires regulations that encourage the maximum use of renewable energy while limiting the use of fossil fuels. The main challenge in the US is the relatively higher investment cost of renewable energy compared to fossil fuels, even though the trend of declining wind and solar technology prices continues. Thus, federal policies and supporting regulations are urgently needed to accelerate the transition to clean energy, while maintaining ecological, social, and economic sustainability. Figure 1. Comparison Chart of Energy Mix in the United States by Energy Source (2020) MICHAEL KURNIAWAN 4 Study Case Figure 2. Installed Renewable Energy Capacity in the US (2018–2021) GOOD ENVIRONMENTAL GOVERNANCE Good Environmental Governance is an important part of government policy in managing the environment to maintain its sustainability and preservation. Governance based on this principle means that natural resources and the environment are managed with a vision of protecting and preserving ecological functions to support sustainable development. Good Environmental Governance plays a strategic role in ensuring the sustainable use of natural resources while maintaining environmental quality. This principle requires the involvement of all stakeholders through collaboration between the federal government, state governments, the private sector, local communities, and civil society in order to achieve effective environmental governance that is oriented towards a sustainable future. The main elements of Good Environmental Governance include: Rule of Law A strong legal framework is essential. All government actions must comply with the law. In the United States, regulations related to energy and the environment are spread across a number of federal laws, including the Energy Policy Act of 2005, the Clean Air Act, the National Environmental Policy Act (NEPA), and Renewable Energy Standards policies implemented at the state level. Implementing regulations from MICHAEL KURNIAWAN 5 Study Case federal agencies such as the Environmental Protection Agency (EPA) and the Department of Energy (DOE) also strengthen legal certainty in the energy transition. Participation and Representation Public participation is key in environmental decision-making. The US government opens public consultation in the drafting of energy and environmental regulations. Local communities, civil society organizations, and academic groups can play an active role in renewable energy project planning. This community involvement is important to prevent conflicts, especially in large-scale projects such as the construction of offshore wind farms. Access to Information Transparency of information related to energy and the environment is guaranteed through federal regulations, such as the Freedom of Information Act (FOIA), which requires the government to provide environmental information to the public in a transparent manner. Access to energy data is also available through open databases from the DOE and EIA (U.S. Energy Information Administration). Transparency and Accountability Transparency means that every policy, decision, and piece of information related to the environment is communicated clearly and accurately. Accountability requires public officials to be responsible for the policies they adopt. Public audit mechanisms, DOE annual reports, and congressional oversight are instruments for ensuring accountability in renewable energy governance. Decentralization The principle of subsidiarity emphasizes that decisions should be made as close as possible to the communities affected. In the US context, state governments have considerable authority in setting Renewable Portfolio Standards (RPS) that regulate renewable energy targets in their respective regions. Despite federal policies, decentralization allows for energy policy innovation at the local level. Agencies and Institutions The involvement of government agencies, the private sector, and civil society is crucial. The DOE, EPA, and state agencies collaborate with private companies in clean energy development. Federal tax incentive programs such as the Investment Tax Credit (ITC) and Production Tax Credit (PTC) are provided to accelerate investment in solar and wind energy. MICHAEL KURNIAWAN 6 Study Case Access to Justice Access to justice guarantees that every citizen has the same right to protect the environment. The US judicial system provides space for individuals or groups to sue projects that are considered harmful to the environment through environmental litigation mechanisms, for example based on the Clean Air Act or the Endangered Species Act. THE URGENCY OF REGULATING NEW AND RENEWABLE ENERGY Currently, energy regulations in the United States are scattered across various federal and state legal instruments. Although there are major laws such as the Energy Policy Act and the Clean Air Act, there is no comprehensive regulation that comprehensively regulates new and renewable energy. Federal policy largely focuses on economic incentives, such as tax breaks, subsidies, and research funding. Meanwhile, renewable energy mix standards are mostly regulated at the state level through Renewable Portfolio Standards (RPS). This situation creates wide variations between states—for example, California is very progressive in its transition to clean energy, while several other states still rely heavily on coal. The urgency of formulating specific federal legislation on renewable energy is increasing, given the challenges of global climate change and the target of net zero emissions by 2050. More comprehensive regulations at the federal level will provide legal certainty, encourage investment, and accelerate a consistent energy transition across all states. MICHAEL KURNIAWAN 7 Study Case CONCLUSION The United States has committed to reducing GHG emissions through its Nationally Determined Contribution (NDC) in the Paris Agreement and has set a net zero emissions target for 2050. Although the capacity of renewable energy sources such as wind, solar, and hydro has increased rapidly, their contribution to the national energy mix is still lower than that of fossil fuels. Sustainable energy policies in the US still face a number of obstacles, including relatively high investment costs, the dominance of fossil fuels, and the lack of comprehensive federal regulations on renewable energy. In addition, the principles of Good Environmental Governance have not been fully integrated, especially in terms of public participation and equal access between regions. Therefore, federal regulations are needed that specifically regulate new and renewable energy comprehensively, based on the principles of Good Environmental Governance. This will strengthen legal certainty, accelerate the transition to clean energy, and support the achievement of sustainable development goals in the United States. MICHAEL KURNIAWAN 8 Study Case REFERENCE MICHAEL KURNIAWAN 9 Study Case MICHAEL KURNIAWAN 10