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Plan doesn’t solve – low NDCs to Paris, lack of renewable energy investment, and accumulating energy bills in low-income households are alt causes to accessible clean energy

Outka and Warner , Uma Outka is Associate Dean, Faculty, and William R. Scott Law Professor at the University of Kansas School of Law. Elizabeth Kronk Warner is Dean and Professor of Law at the University of Utah,, 2021

[Uma and Elizabeth, “Goal 3: Good Health and Well-Being ” in “MAKING AMERICA A BETTER PLACE FOR ALL: SUSTAINABLE DEVELOPMENT RECOMMENDATIONS FOR THE BIDEN ADMINISTRATION” edited by John C. Dernbach and Scott E. Schang, Environmental Law Institute, April, Lexis Nexus]

*SDG=Sustainable Development Goals

Affordable clean energy for all n64 is an SDG that the United States--even with abundant renewable energy resources and financial capability compared with other nations--has yet to achieve. The Sustainable Development Solutions Network's Sustainable Development Report 2020 observes that challenges remain for the United States in reducing carbon dioxide emissions from fuel combustion for electricity and heating, and in increasing the share of renewable energy in the total U.S. primary energy supply. n65 President Biden's energy plan recognizes these critical needs. n66 The following are near-term changes that will help accelerate U.S. progress toward achievement of the affordable and clean energy SDG:

. Restore the U.S. international commitment to the Paris Agreement and substantially increase ambition in the U.S. nationally determined contribution (NDC). Building on President-elect Biden's pledge to rejoin the Paris Agreement immediately upon taking office (which he did on inauguration day), the substantive work of the U.S. commitment to global climate change mitigation will be in the form of the domestic clean energy and emissions reduction policies put in place. This is consistent with SDG 13, which calls for "urgent action to combat climate change and its impacts." The U.S.-intended NDC submitted during the Obama Administration laid out important goals, n67 but higher ambition, particularly in the area of clean energy, is needed to make up for lost time. Under the Obama Administration, the United States expressed its commitment to reducing greenhouse gas (GHG) emissions. The Trump Administration, however, withdrew that commitment, and parties to the Agreement are expected not just to meet initial NDCs, but to increase their ambition over time. The Biden Administration will therefore need to work to achieve more significant goals than those of the Obama Administration, given the delay. Additionally, the Biden Administration should incorporate environmental justice principles into all domestic clean energy policies and advance the same principles in all international relations.

. Invest financial and human capital into federal agencies best positioned to play a role in advancing clean energy. Rebuilding and strengthening the U.S. Environmental Protection Agency (EPA), U.S. Department of Energy (DOE), and U.S. Department of the Interior (DOI) is essential. Newly appointed agency leaders will need a robust budget and strong, energetic work force to redefine priorities away from the Trump Administration's emphasis on fossil energy. The Biden Administration should reinstate and initiate programs/offices within these agencies--such as the Bureau of Land Management's (BLM's) renewable energy permitting office--to focus on this renewed goal. Other agencies that can engage meaningfully on this SDG with sufficient budget and staffing include the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Labor.

. Coordinate the work of federal agencies to amplify the shared goal of rapid GHG emissions reduction and expansion of renewable energy. In the past, federal agencies have not coordinated as effectively as they might have toward these important [*10320] goals. EPA's work on the Clean Power Plan n68 was undercut by continued fossil resource leasing on federal lands. Providing new frameworks for agency coordination on these critical common goals will accelerate progress more quickly. For example, Council on Environmental Quality (CEQ) leadership can reinvigorate programmatic environmental reviews to facilitate rapid renewable energy development responsibly and with sensitivity to environmental and cultural surroundings.

. Set ambitious targets for large-scale renewable energy development--especially on federal land and offshore--and small-scale distributed energy resources, such as community solar, rooftop solar, and energy efficiency. The Administration should craft a data-informed, detailed plan for a carbon-free energy sector by 2035, as discussed in the Biden-Harris campaign Clean Energy Plan. n69 This plan should build on the Clean Power Plan conceptual model, especially its provisions directing clean energy investment to low-income communities and communities of color.

. Support increased Low Income Heating and Energy Assistance Program (LIHEAP) funding to reach more people in need and to pay accumulating energy bills during the pandemic. LIHEAP provides essential assistance for households struggling with energy bills. The importance of preserving this lifeline has been painfully underscored during the pandemic. State moratoria on service disconnections are short-term solutions only.

. Support continued federal-level financial support for clean energy development and jobs training. Support renewed federal tax incentives/credits/subsidies for wind and solar projects and extend federal subsidies to tribal governmental development. The Administration should focus on skills training and creating jobs for low-income communities and communities of color, especially for those areas that have been historically underserved, lack adequate energy infrastructure, or are affected by fossil fuel industry job losses.

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