Legal Dynamics In The Development Of Renewable Energy

Study Case LEGAL DYNAMICS IN THE DEVELOPMENT OF RENEWABLE ENERGY IN THE UNITED STATES: A REVIEW OF REGULATIONS AND IMPLEMENTATION OF SUSTAINABLE ENERGY INFRASTRUCTURE Michael Kurniawan (2018123456) University of Cincinnati, 2600 Clifton Ave, Cincinnati, OH 45221, United States kurniaml@mail.uc.edu Abstract Energy is a fundamental need for modern society. The increase in population in the United States has a direct implication on the increase in energy consumption. Therefore, the utilization and optimization of renewable energy potential is very important. These energy sources include geothermal, hydro, wind, bioenergy (including bioethanol, biodiesel, and biomass), ocean energy, nuclear, and solar energy. National energy policy in the US increasingly emphasizes the transition to clean energy. In order to reduce carbon emissions, the federal government has established regulations that support the development of renewable energy through the National Energy Policy. This article examines the regulatory framework related to renewable energy and analyzes how its implementation impacts the development of sustainable energy infrastructure in the United States. Through a legal approach, this study traces the development of energy policy, regulatory changes, and practical implications for infrastructure development. The results of the study provide an overview of the role of law in supporting the sustainable energy transition in the US, while identifying the challenges and opportunities faced. Keywords: Renewable Energy, National Energy Policy, Energy Regulation, Energy Transition MICHAEL KURNIAWAN 1 Study Case INTRODUCTION Energy is a key pillar of society and a driver of economic growth. With a growing population, the United States faces major challenges related to energy needs. Awareness of the environmental impact of fossil fuel use has prompted a shift toward renewable energy sources as the primary alternative. Unsustainable energy consumption puts pressure on the environment and limits natural resources. Therefore, utilizing the potential of renewable energy is an important step in maintaining a balance between energy needs and environmental sustainability. The United States has a wide variety of energy resources, ranging from geothermal, hydro, wind, biomass, nuclear, to solar power. However, domestic energy consumption is still dominated by petroleum, natural gas, and coal, while renewable energy is still considered an alternative. Dependence on fossil fuels poses three major risks: (1) depletion of oil reserves; (2) price instability due to imbalances between demand and production; and (3) increased greenhouse gas pollution from the burning of fossil fuels. Currently, oil consumption in the US reaches around 20 million barrels per day, with most of it used for transportation, industry, and the household sector. This situation has led to dependence on oil imports, which has an impact on national energy vulnerability. In a constitutional context, energy resource management is regulated by the U.S. Constitution through the general welfare clause, which affirms that the federal government has the authority to regulate resources for the welfare of the people. Thus, energy sovereignty is defined as the ability of a country to formulate, manage, and oversee energy policies in the interests of the people. The urgency of energy transition is reflected in various federal regulations, such as the Energy Policy Act of 2005 and the Clean Energy Plan, which affirm the government's role in developing renewable energy while ensuring national energy security. National targets for clean energy mix have also been set, such as increasing the use of renewable energy to 30% by 2030. The development of energy policy in the US involves not only the federal government, but also state governments, the private sector, and civil society organizations. The policy formulation process is carried out through interaction between various actors: the legislative, executive, and judicial branches, the energy industry, business associations, political parties, and non-governmental organizations. This article aims to review developments in energy regulation, assess policy MICHAEL KURNIAWAN 2 Study Case implementation in renewable energy projects, and identify current legal implications that may support or hinder the development of sustainable energy infrastructure in the United States. RESEARCH METHODOLOGY This study uses a normative legal approach with a descriptive-analytical nature. Data was collected through an inventory of federal laws, national energy policies, and state regulations relevant to renewable energy development. Primary legal sources include the U.S. Constitution, the Energy Policy Act, and other federal regulations. Secondary legal sources include academic literature, journal articles, and energy research institute reports. Data is analyzed descriptively to assess regulatory support for the development of a renewable energy ecosystem in the United States. RESULTS AND DISCUSSION The Potential of Renewable Energy in National Energy Security Dependence on fossil fuels poses a number of serious challenges. First, the United States' domestic oil reserves continue to decline, making oil imports necessary to meet energy needs. This has implications for the energy trade deficit. Second, although the US has great potential in renewable energy—such as geothermal in California and Nevada, biofuels in the Midwest, solar power in the Southwest, wind power in the Great Plains, and hydropower in the Pacific Northwest—its utilization has not been fully optimized. Third, the transition to clean energy needs to be placed in the context of energy transition, namely the shift from fossil fuels to renewable energy, in order to protect the environment while strengthening national energy sovereignty. New energy is energy that comes from research and technological innovation that does not fall into the category of fossil fuels or conventional renewable energy, such as new generation nuclear energy, fuel cells, and plasma technology. This type of energy has developed thanks to technological innovation. In the Energy Policy Act of 2005, new energy includes nuclear, hydrogen, coal-toliquids, and coal gasification. Meanwhile, renewable energy is defined as energy derived from sustainable resources that can be replenished in a short period of time, such as solar, wind, biomass, geothermal, and water. Renewable energy is considered environmentally friendly because it does not produce excessive pollution and MICHAEL KURNIAWAN 3 Study Case contributes to climate change mitigation. The potential for renewable energy in the US is enormous. Solar power has a technical capacity of more than 3,000 GW, while the potential for onshore and offshore wind power reaches more than 10,000 GW, according to data from the National Renewable Energy Laboratory (NREL). Solar energy can be applied in photovoltaic and thermal forms, ranging from household water heaters to large-scale power plants. Hydropower potential is also significant, particularly in the northwest, although most of it has already been utilized. Wind energy dominates the Midwest, such as Texas, Iowa, and Oklahoma, which are currently the largest producers of wind power in the US. In addition, bioenergy in the US is growing rapidly, particularly bioethanol from corn and biodiesel from soybeans. Biomass technology also enables the use of agricultural, forestry, and industrial waste to produce energy. Geothermal energy has high prospects in California, Nevada, and Utah, where it can serve as baseload power to replace coal-fired power plants. Despite its great potential, the development of renewable energy in the US faces obstacles, including fluctuating incentive regulations, transmission infrastructure limitations, high initial costs, and licensing complexities. In addition, energy conservation is not yet fully optimized, with relatively high national energy intensity. This indicates the need for more consistent policies and stronger incentives. Legal Dynamics and Renewable Energy Management Strategies The National Energy Policy and Clean Power Plan contain key policies covering: (1) energy availability and security of supply, (2) priority development of clean energy, (3) energy diversification, and (4) energy infrastructure development. Supporting policies include energy conservation, environmental protection, fiscal incentives, research and development, and collaboration with the private sector and academia. U.S. energy policy seeks to balance the three dimensions of the energy trilemma: • Energy security, through diversification of domestic energy supplies and increased strategic reserves. • Energy equity, by expanding access to affordable energy through price incentives and support for low-income communities. • Environmental sustainability, by accelerating the transition from fossil fuels to renewable energy to reduce carbon emissions. Similar to Indonesia, which is currently discussing the EBT Bill, the legal discourse MICHAEL KURNIAWAN 4 Study Case in the US also includes the Clean Energy for America Act, which focuses on tax incentives for clean energy. However, debates continue to arise regarding issues of affordability, accessibility, and the sustainability of energy transition financing. CONCLUSION The United States needs to accelerate its efforts in developing renewable energy by ensuring consistent regulatory, financing, and budgeting support. Legal analysis and ongoing research are needed to produce environmentally friendly energy with minimal risk. The federal government and state governments must work synergistically in formulating policies, strengthening incentives, and ensuring the sustainability of energy infrastructure. Currently, fossil fuel subsidies are still much greater than incentives for renewable energy. This poses a major challenge to accelerating the energy transition. The national clean energy mix target is still behind projections, requiring accelerated investment and industrialization of green energy. From a legal perspective, the main obstacle is the absence of comprehensive legislation that specifically regulates the integrated management of renewable energy. The clean energy bill currently being drafted in Congress could be the answer, but the existing draft still faces criticism regarding the clarity of incentives, affordability of energy access, and consistency in separating the roles of fossil fuels and renewable energy. By overcoming regulatory obstacles, strengthening incentives, and enhancing synergy among actors, the United States can accelerate the transition to a more independent, equitable, and sustainable energy system. MICHAEL KURNIAWAN 5 Study Case REFERENCE MICHAEL KURNIAWAN 6 Study Case MICHAEL KURNIAWAN 7