The National Agricultural Law Center
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Renewable Energy


Overview

Renewable energy includes many different types of energy sources, such as solar, hydro, wind, geothermal, and biofuels. These sources constantly renew themselves and are considered virtually inexhaustible. New focus has been placed on the development and improvement of renewable energy sources. New incentives and regulations have emerged, ranging from funding for research and development of alternative energy sources and production requirements designed to lessen our dependence on petroleum based fuels, to new air emissions standards and tax credits for implementing renewable energy systems.   Read the full overview.

Note: Recently added resources are posted at the top of the applicable sections.

Major Statutes

The Energy Independence and Security Act of 2007, Pub. L. No. 110-149, 121 Stat. 1492
Energy Policy Act of 1992 (codified throughout scattered sections of Title 42 U.S.C.)
Energy Conservation Standards for New Buildings
Energy Policy
Renewable Energy
The Energy Tax Act of 1978 (codified throughout Title 26 U.S.C.)
Gas Guzzler Tax
Nonbusiness Energy Property
Residential Energy Efficient Property
Biomass Research and Development Act of 2000 (Title III of Agricultural Risk Protection Act of 2000)
(codified at 7 U.S.C. §§ 8601-8609)
Cooperation and Coordination in Biomass Research and Development
Biomass Research and Development Board
Biomass Research and Development Technical Advisory Committee
Biomass Research and Development Initiative
Reports
Funding
Farm Security and Rural Investment Act of 2002 (codified throughout scattered sections of Title 7 U.S.C.)
Federal Procurement of Biobased Products
Biorefinery Development Grants
Biodiesel Fuel Education Program
Energy Audit and Renewable Energy Development Program
Renewable Energy Systems and Energy Efficiency Improvements (Renewable Energy Program)
Hydrogen and Fuel Cell Technologies
Continuation of Bioenergy Program
Research, Extension, and Educational Programs on Biobased Energy and Products
Loans and Loan Guarantees for Renewable Energy Systems
Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594 (2005) (codified throughout scattered
sections of Titles 26 U.S.C. and 42 U.S.C.)
Renewable Fuel Program
Minimum Quantity of Ethanol from Cellulosic Biomass
Special Consideration for Cellulosic Biomass or Waste Derived Ethanol
Modification of Small Ethanol Producer Credit
Biodiesel Mixture Credit - Extension Through 2008
Small Agri-Biodiesel Producer Credit Established
Renewable Fuel
Conversion Assistance for Cellulosic Biomass, Waste-Derived Ethanol, Approved Renewable Fuels
Blending of Compliant Reformulated Gasolines
Advanced Biofuel Technologies Program
Waste-derived Ethanol and Biodiesel
Sugar Ethanol Loan Guarantee Program
Agricultural Biomass Research and Development Programs
American Jobs Creation Act of 2004 (codified throughout scattered sections of Title 26 U.S.C.)
Credit for Alcohol Fuel, Biodiesel, and Alternative Fuel Mixtures
Fuels Not Used for Taxable Purposes
Expansion of Credit for Electricity Produced from Certain Renewable Resources
Clean Air Act Amendments of 1990 (codified at 42 U.S.C. § 7545)
Clean Alternative Fuels Program
Oxygenated Fuels
The Healthy Forests Restoration Act of 2003 (codified at 7 U.S.C. § 8609)
Funding of the Biomass Research and Education Act of 2000
Tax Relief and Health Care Act of 2006, P.L. 109-432, 120 Stat. 2922
§ 207, Extension of Production Tax Credit
§ 209, Special Depreciation Allowance for Cellulosic Biomass Ethanol Plant Property
§ 402, Extension of Ethanol Import Tariff
Food, Conservation and Energy Act of 2008, P.L. 110-246, 122 Stat. 1651
§ 9001, Title IX, Energy
§ 9002, Title IX, Biofuels Infrastructure Study
§ 9003, Title IX, Renewable Fertilizer Study

Regulations

Alternative Fuel Transportation Program, 10 C.F.R. Part 490
The Office of Energy Research Financial Assistance Program, 10 C.F.R. Part 605
Manufacturers and Retailers Excise Taxes, 26 C.F.R. Part 48
Biodiesel Fuel Education Program, 7 C.F.R Part 2903
Bioenergy Program, 7 C.F.R. Part 1424
Procedures for Implementing the National Environmental Policy Act and Assessing the
Environmental Effects Abroad of EPA Actions
, 40 C.F.R. Part 6
Consolidated Rules of Practice of Governing the Administrative Assessment of Civil Penalties
and the Revocation/Termination or Suspension of Permits
, 40 C.F.R. Part 22
Requirements for Preparation, Adoption, and Submittal of Implementation Plans, 40 C.F.R. Part 51
Registration of Fuels and Fuel Additives, 40 C.F.R. Part 79
Regulation of Fuels and Fuel Additives, 40 C.F.R. Part 80
Control of Pollution from Mobile Sources, 40 C.F.R. Part 85
Control of Emissions from New and In-Use Highway Vehicles and Engines, 40 C.F.R. Part 86
Control of Emissions from New and In-Use Nonroad Compression Ignition Engines, 40 C.F.R. Part 89


Case Law

Note: Recently summarized cases are listed and linked in Recent Postings.

Case Law Index for Renewable Energy


Administrative Law Decisions

USDA Office of Administrative Law Judges
USDA National Appeals Division
EPA Office of Administrative Law Judges
EPA Environmental Appeals Board
US Army Corps of Engineers Administrative Appeals
Center Published Judicial Officer Decisions


Center Research Publications

The Renewable Fuels Standard Provisions Under the Clean Water Act:
Overview and Recent Developments
(Foy)
Biofuels: Policy and Business Organization Issues (O'Brien)

Congressional Research Service Reports

CRS Subject(s):
Energy

Reference Resources

USDA
Energy
BioPreferred
USDA Biobased Products and Bioenergy Coordination Council
Agricultural Research Service
Research Initiative: Biobased Products and Bioenergy
National Program: Bioenergy and Energy Alternatives
National Program: Quality and Utilization of Agricultural Products
Cooperative State Research, Education, Extension Service
Plants and Plant Products: Biobased Products & Processing
Economic Research Service
Ethanol Expansion in the United States: How Will the Agricultural Sector Adjust? (2007)
Briefing Rooms: Bioenergy
Briefing Rooms: Corn
Briefing Rooms: Agricultural Baseline Projections 2008-2017
Rural Development
Renewable Energy
Foreign Agricultural Service
Commodities and Products: Biofuels
Forest Service
Woody Biomass Utilization
National Agricultural Library
Alternative Farming Systems Information Center: Farm Energy Options
Natural Resources and Environment: Bioenergy and Biofuels
USDA Web Search Bioenergy and Agriculture
Bioenergy and Biofuels
AgStar Program (USDA, EPA, DOE)
Department of Energy
Energy Efficiency and Renewable Energy
National Renewable Energy Laboratory
Energy Information Administration
Alternative Fuels and Advanced Vehicles Data Center
Energy Sources: Bioenergy
Energy Sources: Renewables
Energy Sources: Solar
Energy Sources: Wind
Biomass Program
Wind and Hydropower Technologies Program
Solar Energy Technologies Program
Wind Powering America: Agricultural Outreach Articles
Wind Powering America: Wind Energy Provisions in 2002 Farm Bill
Environmental Protection Agency
Environmental Laws Applicable to Construction and Operation of Biodiesel Production Facilities
The Latest on Clean Renewable Energy Bonds and Tax Credits
Clean Energy
Clean Energy: Non-Hydroelectric Renewable Energy
Green Power Partnership
Renewable Fuels Standard Program
Landfill Methane Outreach Program
Methane to Markets Partnership


Other Congressional Resources
House Committee on Energy and Commerce
House Subcommittee on Energy and Air Quality
Senate Committee on Energy and Natural Resources
Senate Subcommittee on Energy
Senate Subcommittee on Water and Power
Senate Reports on the Energy Independence Security Act of 2007
Senate Reports on the Energy Policy Act of 2005
House Committee on Agriculture: Subcommittee on Conservation, Credit, Energy and Research
Senate Committee on Agriculture: Subcommittee on Energy, Science and Technology
Energy Issues in the Western Hemisphere (Sub Committee on the Western Hemisphere of the House
Committee on Foreign Affairs)


Other Federal Resources
Advanced Energy Initiative (Bush Administration)
Twenty in Ten: Strengthening America's Energy Security (Bush Administration)
EPA Oversight: Implementing the Renewable Fuels Standard (Subcommittee on Clean Air and
Nuclear Safety Hearing)
Fact Sheet: President Bush Signs into Law a National Energy Plan
U.S. Department of the Interior: Bureau of Land Management: Energy
U.S. Department of the Interior: Minerals Management Service: Offshore Alternative Energy Programs


Publications
2008 Report on Ethanol Market Concentration (Federal Trade Commission)
Ethanol Fact Book (Clean Fuels Development Coalition, 2008)
Pacific Food System Outlook 2006-2007: The Future Role of Biofuels (Pacific Economic
Cooperation Council)
The US Ethanol and Biofuels Boom: Its Origins, Current Status, and Future Prospects
(BioScience Magazine, 2008)
Clean Energy Farming: Cutting Costs, Improving Efficiencies, Harnessing Renewables (SARE)
Broadening Wind Energy Ownership by Changing Federal Incentives (Institute for Local Self-Reliance)
Renewable Energy and Sustainable Agriculture: Exploring the Crossroads (SARE)
Introducing the International Bioenergy Platform (FAO)
Biofuels and Biofoods: The Global Challenges of Emerging Technologies
Biofuel Support Policy Costs to the U.S. Economy (FarmEcon LLC)
Renewable Energy in Agriculture: Back to the Future? (Choices)
Biodiesel - A Primer (ATTRA)
Renewable Energy Opportunities on the Farm (ATTRA)
Ethanol Opportunities and Questions (ATTRA)
Cellulosic Biofuels (EESI)
Clean Energy Farming: Cutting Costs, Improving Efficiencies, Harnessing Renewables (SARE)
Fact Sheet: National Biofuels Action Plan (USDA)
The State of Food and Agriculture 2008 - Biofuels: Prospects, Risks and Opportunities (Food
and Agriculture Organization of The United Nations)


Additional Resources
Appropriate Technology Transfer for Rural Areas: Farm Energy
American Council on Renewable Energy
American Soybean Association
Clean Fuels Development Coalition
National Biodiesel Board
American Wind Energy Association
Windustry
National Renewable Energy Laboratory: Renewable Resource Data Center
Biomass Research and Development Initiative
American Coalition for Ethanol
Sustainable Energy Coalition
National Ethanol Vehicle Coalition
Natural Resources Defense Council
Renewable Energy & Energy Efficiency Partnership
Sustainable Agriculture Research and Education: Renewable Energy and Sustainable Agriculture
Renewable Energy Policy Project
Renewable Fuels Association
Database of State Incentives for Renewables & Efficiency
Harvesting Clean Energy
Clean Energy (Union of Concerned Scientists)
Agriculture Network Information Center: Bioenergy and Biofuels
SunGrant Bioweb
World Energy Council
World Renewable Energy Congress
International Energy Agency: Renewable Energy
Food Before Fuel: Facts
Coalition for Balanced Food and Fuel
American Bar Association: Renewable Energy Resources Committee








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