Feldon, Jon

English

Digital Commons @ American University Washington College of Law

Sustainable Development Law & PolicyVolume 7Issue 3 Spring 2007: Sustainable Energy Article 24Energy Law and the Environment by RosemaryLyster & Adrian Bradbrook, Cambridge UniversityPressJon FeldonFollow this and additional works at: http://digitalcommons.wcl.american.edu/sdlpPart of the Environmental Law Commons, and the International Law CommonsThis Book Review is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @American University Washington College of Law. It has been accepted for inclusion in Sustainable Development Law & Policy by an authorizedadministrator of Digital Commons @ American University Washington College of Law. For more information, please contactfbrown@wcl.american.edu.Recommended CitationFeldon, Jon. "Energy Law and the Environment by Rosemary Lyster & Adrian Bradbrook, Cambridge University Press." SustainableDevelopment Law & Policy, Spring 2007, 65-66.65 SUSTAINABLE DEVELOPMENT LAW & POLICYAs issues such as the depletion of fossil fuels and climatechange rise to the forefront of modern internationalproblems, energy law has become increasingly impor-tant in the modern world. In Energy Law and the Environment,authors Rosemary Lyster and Adrian Bradbrook paint a detailedpicture of where Australia has been, and where it is headed in itsefforts to adapt its energy policies to suit the needs of its popula-tion, as well as stave off theenvironmental problems thatwill result from climate changeand current non-sustainableenergy practices. The authors describe anAustralia that is, and will likelyremain, a country heavilydependent on fossil fuels. Aus-tralia, rich in coal, will likelycontinue to utilize coal as amajority fuel source for electric-ity, along with oil. AlthoughAustralia’s federal government has refused to ratify the KyotoProtocol, arguing that without the participation of the UnitedStates or developing nations the Protocol will fail and uselesslyjeopardize the Australian economy, the country has a number ofvulnerabilities that will provide strong incentives for change.Examples of such vulnerabilities include: water resourcesalready stressed by overuse and increasing salinization; a foodproduction sector highly sensitive to changes in rainfall;increased population centers in areas vulnerable to the increasedcyclones and storm surges of a warmed Earth; and sensitiveecosystems that could be irrevocably harmed or destroyed by cli-mate change, including the Great Barrier Reef, on which thou-sands of tourism-related jobs depend. All of thesesusceptibilities provide incentives for Australia to make policychanges. Lyster and Bradbrook also describe how Australian energylaw is governed. In addition to describing the reform efforts ofindividual states, the authors detail how the federal government’srole in energy management has evolved over time. The Aus-tralian Constitution, established in 1900, grants individual statesthe right to manage their own natural resources. In the 1970s, asinternational law began to pay more attention to environmentaland energy issues, the Australian federal government began leg-islating definitions for its own environmental powers. Forinstance, the Environmental Protection Act of 1974 required allCommonwealth officers to consider the environmental impact oftheir actions. Similarly, the Great Barrier Reef Marine Park Actof 1975 gave the federal govern-ment the authority to federallyregulate the management of thereef. Slowly, a federal right to legislate on environmental matters emerged over time, asconfirmed in the case Common-wealth of Australia v. State ofTasmania, also known as theTasmanian Dams case. In 1993,after years of constitutional liti-gation between the states and thefederal government, the federaland state Australian governments enacted the 1993 Intergovern-mental Agreement on the Environment, which established areasof regulatory responsibility, and assigned responsibility for pol-lution, national energy concerns, and heritage protection throughthe Council of Australian Governments (“COAG”), and the Min-isterial Council on Energy.As explained in the book, energy supply in Australia tradi-tionally functioned by means of a state monopoly. As the energyindustry privatized over time, the accompanying legal restructur-ing focused primarily on issues of competition and fair pricingrather than environmental sustainability. Even major reformsenacted as recently as 2005 by COAG to adjust the NationalEnergy Market (“NEM”) have failed to address climate changeor greenhouse gas emissions. The authors compare Australia’sefforts to those of other countries, and suggest that a deliberatepursuit of sustainable and environmentally-friendly policiesBOOK REVIEWENERGY LAW AND THE ENVIRONMENTby Rosemary Lyster & Adrian Bradbrook, Cambridge University PressReviewed by Jon Feldon*Authors detail how the Australia federalgovernment’s role inenergy management has evolved over time.*Jon Feldon is a JD candidate, May 2007, at American University WashingtonCollege of Law.66SPRING 2007must be taken, because natural competition and market forceswill not push Australia’s energy system in those directions bythemselves. In addition, the authors discuss the concern thatpolicies adopted by COAG aretechnically unconstitutional,because they are actions takenoutside of normal governmentalprocesses. Lyster and Bradbooknote that the formation of theNEM in 1998 was accompaniedby a spike in greenhouse gasemissions, a clear sign that eco-nomic efficiency would notaddress environmental energyissues. Although a number ofpositive reforms have beenmade on a national level toimprove the environmental sus-tainability of the NEM, such asa nationally-applicable emis-sions-trading system, no amend-ments were added to theNational Electricity Law to ensure achievement of both arestructured electronic industry and the reduction of greenhousegas emissions.In addition to analyzing the various efforts of the federalgovernment and state governments to regulate both the electric-ity and the gas markets, the authors discuss the effectiveness ofsuch efforts as compared to those of other countries, as well asthe industry response in Australia. Moreover, alternative elec-tricity options are weighed as well. For example, although Aus-tralia sits on forty percent of theworld’s uranium reserves,nuclear power is not an attractivealternative because the cost ofbuilding nuclear plants: (1)would not be cost-effective; (2)creates other waste-related prob-lems; and (3) might distractattention away from the coun-try’s development of solar,hydro, and wind energy technol-ogy, for which Australia is aworld leader in some respects.Ultimately, Lyster andBradbook contend that Australiamust pursue a variety of newenergy-creation strategies, asthere will not be one particular“magic bullet” technology thatwill suddenly make Australia’s energy structure environmentallysustainable. However, a general theme throughout the book isthat sustainability must be made the highest priority for energyregulation on every governmental level, because without a leg-islative push, market forces will not take heed of looming envi-ronmental problems, like climate change, until it is too late.Although Australia’sfederal government has refused to ratify theKyoto Protocol, thecountry has a number of vulnerabilities that will provide strongincentives for change.

Energy Law and the Environment by Rosemary Lyster & Adrian Bradbrook, Cambridge University Press

https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1314&context=sdlp

Energy Law and the Environment by Rosemary Lyster & Adrian Bradbrook, Cambridge University Press

Abstract

Similar works

Full text

Available Versions

Digital Commons @ American University Washington College of Law