Law in the EU's Circular Energy System

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Law in the EU''s Circular Energy System

Biofuel, Biowaste and Biogas

9781802205862 Edward Elgar Publishing
Edited by Lucila de Almeida, Abreu Chair of ESG Impact, NOVA School of Law and Centre for Research on Law and Society (CEDIS), Portugal; Part-time Professor, Florence School of Regulation, Robert Schuman Centre for Advanced Studies, European University Institute, Italy and Josephine van Zeben, Professor and Chair, Law Group, Wageningen University, the Netherlands
Publication Date: 2023 ISBN: 978 1 80220 586 2 Extent: 292 pp
Adopting a holistic and multidisciplinary approach, this expertly crafted book comprehensively maps out the complex multi-jurisdictional legal landscape pertaining to the EU’s circular energy system. Offering in-depth critical analysis, it identifies several areas of law and policy that require further scholarly inquiry to ensure the creation of an effective policy framework which can facilitate the move from a linear to a circular energy system.

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Critical Acclaim
Contributors
Contents
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Adopting a holistic and multidisciplinary approach, this expertly crafted book comprehensively maps out the complex multi-jurisdictional legal landscape pertaining to the EU’s circular energy system. Offering in-depth critical analysis, it identifies several areas of law and policy that require further scholarly inquiry to ensure the creation of an effective policy framework which can facilitate the move from a linear to a circular energy system.

In three thematic sections, the expert contributors first examine the interactions between EU law and policy for waste, agriculture, food and forestry. Focus is then drawn to how, when, and by whom the energy sources created from biowaste can become part of the EU’s energy mix. A range of legal instruments that impact the financing of the circular energy system through taxation, EU financing, and state aid are also considered. The book concludes by reflecting on inefficiencies and ineffectiveness caused by these interactions of legal and policy areas related to the circular energy system.

This insightful and progressive book will be of great interest to practitioners and policymakers looking to better understand the legal complexities of implementing a circular energy system. It will also prove an essential read for scholars and students interested in environmental law, energy law, European law, and affordable and clean energy studies.
Critical Acclaim
‘This excellent edited collection makes an important contribution to legal scholarship on making energy supplies sustainable. Its exploration of relationships between the waste, agriculture, food and forestry sectors and the energy sector, of their respective regulatory frameworks, and of related policy and legal contexts shines a light on key interactions for achieving circular economies in the EU and elsewhere. Coverage of legal issues raised by the integration of biofuels and biogases into energy systems and concerning the decarbonisation of heating and transport is also most welcome. The volume''s examination of these hitherto underexplored areas will prove useful for scholars both in the EU and also in other jurisdictions who are looking to learn from the EU''s experience with developing laws for managing waste streams and exploiting their energy-producing potential. The editors are to be commended for assembling this valuable volume.’
– Olivia Woolley, Durham University Law School, UK

‘This is an impressive book detailing a range of contemporary problems and potential solutions from a cross-sectoral perspective in the paradigm shift from a linear to a circular energy system. By adopting an energy systems perspective, this edited collection provides a much-needed contribution analysing the complex legal and regulatory environment for biofuels and gases in the European Union and their interrelationship.’
– Sirja-Leena Penttinen, Energy Authority, and UEF Law School, Finland

‘Lucila de Almeida and Josephine van Zeben have assembled a top-notch roster of experts to consider EU policies regarding the circular energy system. The result is not just an essential guide to this emerging field, but also a nuanced account of law''s role in effecting systemic reform.’
– Bruce Huber, University of Notre Dame, US
Contributors
Contributors: Edwin Alblas, Mirta Alessandrini, Álvaro Antón Antón, Aalt Bast, Lin Batten, Alie de Boer, Elisa Cavallin, Ilaria Conti, Lucila de Almeida, Benjamin Gomado, Allard Knook, Phillip Lugmayr, Maria Olczak, Andris Piebalgs, Madhura Rao, Piero Carlo dos Reis, Alberto Pototschnig, Agnieszka Smoleñska, Maciej M. Sokołowski, Geert van Calster, Josephine van Zeben
Contents
Contents:

1 The EU’s circular energy system and the Green Deal 1
Lucila de Almeida and Josephine van Zeben

PART I FROM WASTE TO BIOFUELS AND BIOGAS
2 Waste in the circular energy system 17
Geert van Calster
3 Agricultural waste to biofuel and biogas: law and policy 28
Mirta Alessandrini, Edwin Alblas, and Lin Batten
4 Food waste to biogas and biofuel: law and policy 49
Madhura Rao, Aalt Bast, and Alie de Boer
5 Forestry waste to biofuel and biogas: law and policy 70
Elisa Cavallin

PART II THE USE OF BIOFUEL AND BIOGAS IN THE
CIRCULAR ENERGY SYSTEM
6 From gas to biogas from biowaste: heating, power
generation, and cogeneration 103
Maciej M Sokołowski
7 Sustainable biofuels and gaseous biomass fuels from
biowaste in the EU transport sector 129
Piero Carlo dos Reis, Phillip Lugmayr, and Benjamin Gomado
8 Methane emission in a circular economy 160
Maria Olczak and Andris Piebalgs

PART III CROSS-SECTORAL ISSUES
9 The Energy Tax Directive reform 182
Álvaro Antón Antón
10 EU law and policy shaping supranational and national
investment in biofuel and biogas transition 205
Agnieszka Smoleńska
11 Energy State aid 226
Allard Knook
12 Renewable support schemes and Guarantees of Origin
applied to renewable energy regulation 239
Alberto Pototschnig and Ilaria Conti
13 The (in)coherence–(in)effectiveness nexus of the EU’s
circular energy system 261
Lucila de Almeida and Josephine van Zeben

Index 269
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