University of Miami Law Review


Throughout the past decade, municipal governments have steadily increased climate change adaptation measures, natural resource conservation programs, and clean energy initiatives. Through energy efficiency measures and renewable energy mandates, cities are poised to make significant impacts in the reduction of greenhouse gas emissions and the mitigation of climate risks in the clean energy transition. This Article addresses municipal directives of advanced biofuels as an integral part of the clean energy transition. Existing laws and policies have critical design flaws. Specifically, the Renewable Fuel Standard (“RFS”) has proven to be burdensome and complex, producing more unintended consequences than desired outcomes. Problems with the implementation of the RFS indicate that Congress overestimated the capacity of the biofuel industry to produce energy and the ability of the retail gasoline market to accommodate ethanol. Consumer resistance to ethanol use and market pressures create problems for biofuel use. This Article is the third in a series related to the law and policy of advanced biofuels. Previously, I examined international dimensions in Blood Biofuels (Duke Environmental Law & Policy Forum) and federal efforts in Resiliency and Responsive Regulation for Advanced Biofuels (Virginia Environmental Law Journal).