Environmental and institutional considerations in the development and implementation of biomass energy technologies

The photosynthetic energy stored in plant and organic waste materials in the United States amounts to approximately 40% of the nation's total energy consumption. Conversion of this energy to usable power sources is a complex process, involving many possible materials, conversion technologies, and energy products. Near-term biomass technologies are predominantly based on traditional fuel use and have the advantage over other solar technologies of fitting into existing tax and business practices. However, no other solar technology has the potential for such large environmental impacts. Unlike the conversion of sun, wind, and ocean thermal energy, the conversion of the biomass energy source, in the form of biomass residues and wastes, can create problems. Environmental impacts may be significant, and legal responses to these impacts are a key determinant to the widespread adoption of biomass technologies. This paper focuses on the major legal areas which will impact on biomass energy conversion. These include (1) the effect of existing state and federal legislation, (2) the role of regulatory agencies in the development of biomass energy, (3) governmental incentives to biomass development, and (4) legal issues surrounding the functioning of the technologies themselves. Emphasis is placed on the near-term technologies whose environmental impacts and institutional limitations are more readily identified. If biomass energy is to begin to achieve its apparently great potential, these questions must receive immediate attention.