Table of Contents

The Law and Policy of Biofuels

The Law and Policy of Biofuels

The IUCN Academy of Environmental Law series

Edited by Yves Le Bouthillier, Annette Cowie, Paul Martin and Heather McLeod-Kilmurray

In the last twenty years the biofuels industry has developed rapidly in many regions of the world. This book provides an in-depth and critical study of the law and policies in many of the key biofuels producing countries, such as Brazil, China, the US, as well as the EU, and a number of other countries where this industry is quickly developing. The multidisciplinary contributors examine the roles of the public and private sectors in the governance of biofuels. They propose recommendations for more effective and efficient biofuel policies.

Chapter 17: Private regulation in the bioenergy sector

Maha Mansoor, Inge Stupak and Tat Smith

Subjects: environment, energy policy and regulation, environmental law, law - academic, energy law, environmental law

Extract

Sustainability is a cornerstone for the deployment of bioenergy. It is critical to understand how governments, private bioenergy businesses and societal organizations initiate and engage with mechanisms to achieve sustainability for both the production and the use of bioenergy. Private regulation has become an important tool for this initiation and engagement and there is extensive literature available that analyses the benefits and challenges of using private regulation as compared with public regulation. In this chapter, we present a framework for addressing private regulation in the bioenergy sector (section 17.3) and explain how private governance for bioenergy emerged and how it came to have such an important role (section 17.4). Furthermore, we analyse the benefits and challenges of private forms of sustainability governance in the bioenergy sector from both an industry-wide level (macro scale) and the individual firm (micro scale) perspective, including the interaction between these two levels (section 17.5). In order to do this, we conducted literature reviews and convened interviews with directors in businesses and business associations along a major supply chain for solid bioenergy. The organizations we approached included trade associations of solid biofuel producers, individual solid biofuel producing businesses and energy utilities for production of heat and power. Based on this work, we outline three broad impacts of private regulation for the solid bioenergy industry and individual businesses in this supply chain.

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