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As the proportion of renewable energy in the electricity system increases, a new suite of barriers becomes apparent. These include the unsuitability of traditional network configurations for often remote renewable resources, and the need to develop a diverse range of renewable-energy sources to ensure electricity system stability and security. Substantial legal reform will be necessary to develop an electricity system that can accommodate high volumes of renewable energy. This paper analyses recent legal reforms for renewable energy in the United Kingdom and Germany to illuminate a regulatory shift away from single-plant support to whole-of-system approaches to electricity system development. Regulatory attention has shifted to reform regulatory frameworks for electricity networks to be more accommodating of renewable energy, rather than simply providing financial support for renewable sources. These changes have been supported by a high-level commitment to develop an electricity system that is both efficient and sustainable.
Abstract
Over the past two decades a global jurisprudential trend of domestic climate litigation against governments and companies has emerged. One avenue for litigation against these entities is tort law. The tort of negligence could provide access to compensation for aggrieved individuals and groups. Using the example of Australia, this article discusses whether the emergence of climate tort cases, an increasing drive to hold corporations responsible for climate change, and a company focus on voluntary climate action, could lead to the emergence of a new duty of care by corporate actors toward non-shareholders. We highlight opportunities and barriers to the further development of negligence law as a cause of action against corporations for harms related to climate change.