A Popular Solution: Modernizing Permitting
Author
Rich Powell - ClearPath
ClearPath
Current Issue
Issue
1
Parent Article
Rich Powell

Climate debates are often based on false choices: renewables versus fossils, Republicans versus Democrats, economy versus environment, 100 percent global emissions reduction versus inaction at home. The truth is, no government or business will achieve climate goals and see economic success unless all energy resources are on the table. So, let’s ask ourselves some key questions.

If solutions are only focused on reducing emissions to net-zero here in the United States while China continues emitting, what are we really accomplishing? If America’s power sector transitioned entirely to clean energy at the cost of reliability or affordability, would the public support the change? If energy and production costs soar, will our industry move overseas to higher-emitting locations?

We all know the answers to these questions. Solutions to the challenges can transcend politics. Relying on time-tested, inherently American principles like free markets over mandates and encouraging more innovation rather than over- regulation paves the clearest path.

Take the U.S. power sector for example; virtually all paths to U.S. net-zero emissions include electrifying more of our economy. As a result, the power grid will need to at least double in size. Eliminating fossil fuels would only make doubling the grid that much harder.

First, you would need to take the 60 percent of our grid still emitting today and replace it with other low- carbon sources—such as building an abundance of new geothermal, nuclear, hydro, solar, and wind plants and connecting all of those to the grid with tens of thousands of miles of new power lines. Eliminating fossil fuels would take carbon capture off the table as one of the options to clean up this 60 percent. Then, you would need to build a whole new grid on top of the existing grid. All clean. And without relying at all on abundant U.S. fossil resources with carbon capture.

Time is also working against us—it took 125 years to build our existing grid. So for the folks targeting 2050 for net-zero, that means we need to do all of this in 26 years. For the folks who think we can do this by 2035, well, that’s 11 years from today. That’s 10,000 new clean energy projects in this decade alone. Every single one of those projects starts with a permit to build.

If those non-emitting power sources that I mentioned are superior—meaning they can prove to be reliable, affordable as well as clean—then consumers will want them and the marketplace will choose them. As far as the government should be concerned, the solution is clear: let them build.

The two highest impact reforms to get building are to streamline the litigation process for all types of energy projects and allow select clean projects on pre-cleared sites to be immediately green-lit. Between those held up in litigation or those in permitting purgatory, we are talking about more than 50,000 new clean energy projects we must have to run a reliable, cleaner system.

To improve the judicial review process, policymakers could centralize all permitting challenges at a new permitting appeals board led by subject matter experts to quickly resolve legal challenges instead of lengthy courthouse delays. This structure leverages best practices from other parts of the federal government and standardizes the process. Under this new structure, any further appeals must be directed to the circuit courts of appeals, consistent with long-standing provisions for energy infrastructure.

By designating certain locations, including brownfield sites and locations that have recently undergone an environmental review, for automatic approvals, we would see projects moving out of backlogs and into development. These are sites where our many environmental regulations are working the way they should, they have been litigated, wildlife is not in danger, no risk of water problems—you get the gist.

Modernizing permitting has attracted bipartisan support in Congress and the administration. With these policy changes, we can see accelerated clean energy deployment and lower emissions—and put America back in the lead over global competitors.

A Scorecard on the Cases Seeking to Stop Atlantic Offshore Wind
Author
Bethany A. Davis Noll - NYU Law
NYU Law
Current Issue
Issue
1
Bethany A. Davis Noll

Huge offshore wind turbines will be going up soon on the Eastern Seaboard. These projects will help provide electricity to areas of high demand while also enabling a move away from fossil-fuel-fired generation. For example, the South Fork Wind project, which is being built off the coast of Rhode Island between Block Island and Martha’s Vineyard, is slated to produce electricity sufficient to power 70,000 homes and replace 300,000 tons of carbon emissions each year. Another project, Vineyard Wind, will produce enough electricity for 400,000 homes in Massachusetts.

Neither project will be visible from land. And yet both have drawn a slew of legal actions which can best be described as NIMBY challenges. Several courts have issued decisions in these cases this year, helping to illustrate the legal thicket that these projects must navigate.

The South Fork project drew challenges in state and federal court. One of the federal challenges (Kinsella v. Bureau of Ocean Management) has to do with an underground transmission cable that will be placed onshore in the town of Wainscott on Long Island, where the groundwater is contaminated with PFAS.

The plaintiff, a resident of that town, tried to get the project blocked, arguing that the Bureau of Ocean Energy Management had not conducted an adequate analysis of the impact of digging the line’s trench on PFAS in the groundwater before issuing permits for the project. But to get an order blocking the project, the plaintiff had to show a threat of irreparable harm. And given the mitigation measures that were included in the construction plan, the court found that the plaintiff had not met the standard.

In another lawsuit, this one filed at the state level (Matter of Citizens for the Preservation of Wainscott v. New York State Public Service Commission), Wainscott residents challenged a different permit asserting the same arguments. But the state court also rejected the challenge, citing the same mitigation measures.

The Vineyard Wind project has also drawn its fair share of challenges. In one of the challenges (Seafreeze Shoreside v. Department of the Interior), a group of fishing trade associations challenged the federal permits under the Clean Water Act, the Endangered Species Act, the Marine Mammal Protection Act, and the National Environmental Policy Act. They argued that the new wind farm would affect their fishing trips and their enjoyment of marine wildlife. A federal district court in Massachusetts dismissed several of the claims on standing, after finding that the plaintiffs had not made a sufficient showing that the permitted activities would harm them.

For example, for the NEPA claim, plaintiffs had only shown potential economic injury, and possible environmental harm is required. The court did address the merits of two of the claims, brought under the CWA and the Outer Continental Shelf Lands Act, but found that those arguments were mistaken. For example, for the clean water claim, the court found that the plaintiffs had relied on a misreading of the relevant regulation.

In another federal case (Nantucket Residents Against Turbines v. Bureau of Ocean Energy Management), residents of Nantucket Island challenged the project’s permits, arguing that the relevant agencies had not properly assessed the air emissions of the project or the project’s impact on the North Atlantic right whales. The court dismissed the air emissions claims, finding that the plaintiffs had not proved that any increase in emissions would affect them, in part because those emissions would never reach Nantucket Island. Plaintiffs also complained about the agencies’ assessment of the scientific evidence about environmental impacts, arguing that the agencies ignored or did not adequately assess a pile of studies. But the court found that the agencies had engaged in the evidence and had not ignored those studies.

Finally, in a lawsuit related to both Vineyard Wind and South Fork (Melone v. Coit), Thomas Melone, another Nantucket resident and a solar energy developer, brought a number of claims under the Marine Mammal Protection Act and the Administrative Procedure Act. His main argument was that the project would harm the right whales. While the court found that Melone satisfied the standing requirements, it rejected all of his substantive arguments and dismissed the case. An appeal is pending.

Recently, after defeating all these lawsuits, the companies announced that they started to put “steel in the ground.” Overall, these decisions help illustrate how much work the relevant agencies and developers have been putting into building a robust record to support each of the permits required for these projects—and that with a robust record, the legal challenges can be overcome.

A Scorecard on the Cases Seeking to Stop Atlantic Offshore Wind.

ECOS to Prioritize Infrastructure, Environmental Justice, and PFAS
Author
Linda K. Breggin - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
6
Linda Breggin

Ben Grumbles, the executive director of the Environmental Council of the States, is taking the helm in a period marked by entrenched challenges but also fresh opportunities. Grumbles is charged with finding common ground and giving a collective voice to ECOS members—the state and territorial environmental agency leaders, who hail from states led by 28 Republican and 22 Democratic governors (prior to this fall’s elections). While the political landscape remains sharply polarized, a respite from congressional gridlock has emerged in the form of record federal funding—in both the Infrastructure Investment and Jobs Act of 2021 and the Inflation Reduction Act of 2022—to address climate change.

Grumbles is arguably better positioned than many environmental lawyers to convene state agency leaders, having served as the head of two state agencies and a major federal environmental program, among other positions, over the last several decades. In an interview, Grumbles explained that he was motivated to take the ECOS leadership position because he has observed “the power of a unified state voice to advance environmental protection and public health” and to “shape the national environmental dialogue.” Grumbles says it is his “personal goal” to ensure that ECOS remains a “purple and green” organization that does not become a “blue and red” balkanized group—a goal he views as particularly important given the central role states play in administering and enforcing many of the nation’s environmental laws.

For now, however, front and center for ECOS is what Grumbles refers to as a “once-in-a-generation investment not only in infrastructure but climate and equity.” He is cognizant of the tremendous “responsibility” and “increased expectations” placed on state environmental leaders for ensuring that infrastructure investments are made wisely.

In pursuing these “unprecedented opportunities,” Grumbles wants to ensure that states protect against “fraud, waste, and abuse” and deliver funds in “equitable and accelerated ways.” In addition, he says it is critical to take the long view and invest in lasting projects that “don’t fall apart in a few years,” when states need to secure sustained funding.

To achieve these goals, he observes that states will need to prioritize recruiting talented staff. He emphasizes that this will take “more than lawyers, scientists, and engineers,” but also communicators, community facilitators, and accountants, for example, who can effectively manage the funds.

A geographically diverse, bipartisan ECOS Infrastructure Workgroup is focusing on providing input to the federal government on how to make the best use of congressional funding. ECOS is also establishing “a cross-cutting Climate and Energy Workgroup focused on continued integration of energy and climate policy into core environmental programs.” Grumbles points out that many states now have dedicated staff who work on energy policy, some of whom are housed in environmental agencies.

He acknowledges that states vary in their climate mitigation goals and approaches, but he underscores that ECOS members agree that “collectively, states can find common ground” and provide “meaningful and impactful” comments to federal regulators, as well as share best practices. He singles out resilience and adaptation as a likely focus for the climate workgroup, noting the growing number of states that have hired chief resiliency officers.

Another ECOS priority is environmental justice, because “how EJ is integrated into state programs is highly important.” Grumbles notes that although some approaches, such as new Title VI requirements in Clean Water Act and Clean Air Act permits, may not have uniform support among ECOS members, environmental justice is a “growing priority” for most. An ECOS Environmental Justice and Title VI of the Civil Rights Act Workgroup is currently focusing on facilitating discussions among state and federal partners.

Grumbles also identifies per- and polyfluoroalkyl substances as an ECOS priority. The ECOS PFAS Workgroup web page explains that “the increasingly complex landscape of federal and state activities is making it harder for each state to address its citizens’ concerns about PFAS risks.” Consequently, the Workgroup is “helping states communicate and coordinate with EPA, other federal agencies, and each other about scientific and policy developments, newly identified sources and exposure pathways, and best practices for investigation, corrective action, and public engagement.” To this end, the ECOS fall meeting included a roundtable and a discussion on “New Directions in PFAS Risk Communication Amid Tightening Standards.”

Never short on enthusiasm, Grumbles says that he is “having a blast” and is committed to achieving “real progress with great urgency.” He will need that positive energy to navigate the challenges and opportunities that lie ahead for ECOS’s chief executive.

ECOS to Prioritize Infrastructure, Environmental Justice, and PFAS.

With the IRA’s Passage, an Uphill Journey to Clean Energy Begins
Author
David P. Clarke - Writer & Editor
Writer & Editor
Current Issue
Issue
6
David P. Clarke

In signing the Inflation Reduction Act into law last August, President Biden said its $369 billion clean energy and climate provisions will fund “the most aggressive action ever—ever, ever, ever—in confronting the climate crisis.” That’s true. But keeping the historic accomplishment in perspective, let’s not forget that up till now Congress has never passed any climate legislation, despite numerous attempts and decades of science since Al Gore’s first climate hearings in 1976.

That’s not to deny the IRA’s remarkable achievement in a Congress where uncompromising divisions have rendered impracticable a carbon tax or other, even more audacious policies. Jubilant supporters of prompt action say that the law’s investments will put the United States on a path to reducing our greenhouse gas emissions roughly 40 percent below 2005 levels by 2030, almost meeting Biden’s 50 percent goal (or, as others see it, falling short by 10 percent). But perhaps that gap can be closed or exceeded through Biden’s 2021 executive order aiming to make the federal government carbon-neutral by 2050, which the IRA will accelerate with $3 billion for the U.S. Postal Service to electrify its fleet of more than 200,000 vehicles. And billions in Energy Department programs and other clean energy spending is on the table.

Clearly, the IRA aims to galvanize an economy-wide shift toward clean technologies in the power sector, manufacturing, and transportation with its much-extolled provision of more than $60 billion in clean energy incentives. They include $30 billion in production tax credits to boost U.S. manufacturing of solar panels, wind turbines, batteries, and critical minerals, as well as another $10 billion in tax credits for electric vehicle and other clean technology manufacturing facilities. Separately, the IRA provides up to $20 billion in loans for new clean vehicle manufacturing plants nationwide. To bolster its goals, the IRA includes $27 billion for “green banks” to offer competitive grants supporting projects that target GHG reductions and $25 billion for conservation initiatives on farmlands, forested lands, and ecologically sensitive habitats.

Consistent with Biden’s environmental justice priorities, the IRA offers an array of investments to help disadvantaged populations. The law includes three separate grant programs, totaling $9 billion. In all, according to the Senate’s summary, the law directs some $60 billion in tax credits and other measures to help disproportionately impacted environmental justice communities.

Provisions directed at EPA include $27 billion to leverage private investments in projects to fight climate change. In addition, the law provides EPA with $1 billion for grants and rebates to consumers who replace polluting medium- and heavy-duty vehicles with zero-emissions vehicles. With another $3 billion, EPA can give grants and rebates for recipients to buy or install zero-emissions equipment and technology at ports, a significant GHG source. Also, the IRA’s single stick, amid billions in carrots, provides the agency with $1.5 billion to establish a new program that will charge a fee for methane emissions from oil and gas facilities.

But the law contains several provisions progressives condemn. It mandates that federal land leases for wind and solar projects must be accompanied by oil and gas lease offers, including in the Gulf of Mexico and Alaska, as Senator Joe Manchin (D-WV) demanded for his support. Manchin also made a permitting reform “side deal” aimed at hastening fossil fuel and clean energy project approvals, a promise that is already drawing fierce criticism. And opponents argue that the IRA’s generous new carbon capture and sequestration tax credits will keep fossil fuels going strong, likely thwarting clean energy goals.

It’s not just the IRA’s controversial provisions that are problematic. According to Rice University Associate Professor and author Daniel Cohan, significant obstacles to achieving the law’s clean energy goals lie ahead. “The biggest obstacle will be building out the infrastructure—especially power lines, charging stations, and hydrogen systems—needed for a clean energy economy.” The United States has gotten “better at blocking infrastructure” than building it, and “that will need to change for people and businesses to be able to seize the incentives that this bill provides.”

As the IRA drive to 2030 begins, the question remains open: Will the law put this country onto an accelerated, inexorable path toward a clean energy future? Or will domestic and international forces that have impeded vital cultural and economic changes continue to hobble the climate fight, even as rivers dry up, forests burn down, and cities flood? Although the IRA is cheered as the “single biggest climate investment” ever, it is only a first step, as many have noted, in a miles-long journey.

With the IRA’s Passage, an Uphill Journey to Clean Energy Begins.

Sustainable by Design
Author
Akielly Hu - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
5
Photo of Stephen Ressler as he explains an engineering demonstration

Environmental professionals know more than most people why we can depend on our household taps to supply on-demand, clean drinking water. We can thank federal and state legislation, the work of water utilities, and local requirements. But after regulators and scientists set the standards, who is in charge of achieving them? The answer is engineers, who form a vital yet seldom heralded component in our system of environmental protection. Whether it is reducing air emissions of hazardous substances, mitigating harmful discharges into waterbodies, or reducing toxic impurities in drinking water, it is the engineer’s craftmanship that achieves society’s public health and natural resource goals.

I’ve taken a peek into the work of engineers through an online course on these everyday infrastructure systems that, as big as they are, usually go unnoticed. One especially impressive example is the Catskill Aqueduct. This vast underground tunnel runs unseen between the Catskill Mountains and New York City for 92 miles, conveying 40 percent of the city’s drinking water supply. Built between 1907 and 1917, it uses nothing but the power of gravity to carry 600 million gallons of pure water per day to the country’s largest metropolis.

In its long voyage, the Catskill Aqueduct crosses under the Hudson River, plunging 1,140 feet below the surface of the stream on one end and syphoning back up on the other side—a six-mile journey in high-pressure concrete-lined tubes.

The engineer and teacher Stephen Ressler, Ph.D., calls this Hudson crossing “one of the world’s great civil engineering achievements.” Yet we rarely appreciate, or perhaps even know of, this impressive feat of human ingenuity and others like it throughout the United States.

Ressler provides a window into these infrastructure systems in his online lecture series Everyday Engineering. The class of 36 half-hour sessions is available through The Great Courses, run by Virginia-based The Teaching Company. Everyday Engineering provides an overview of “the products of modern engineering that have the most substantial influence on our lives,” says Ressler early on in the series. These are “the everyday technologies that surround us in our homes and workplaces, the infrastructure systems that have been so beautifully integrated into the fabric of modern civilization that they’re practically invisible and are inevitably taken for granted.”

Let’s stick with drinking water as an example. Setting up a system to provide instantaneous water for a city of millions requires a dizzying array of technologies. Engineers achieve this by “thinking systemically,” Ressler tells me during an online interview—it was a chance, via Zoom, to be able to talk back to the lecturer who appears on my laptop. According to the professor, we first need a water source. That usually requires building a dam to create a reservoir of readily available water. To ensure that the drinking water isn’t loaded with contaminants, the dam must be built “in an area often far removed from the urban zone to be served—beyond extensive development.” Once we have a reservoir, “engineers have to make sure the water in it doesn’t get stale or contaminated, and doesn’t have a lot of organic material growing in it.” Engineers must also ensure there’s extra storage capacity in case of flooding, and account for the risk of drought. Next, water needs to get to the city’s residents through a transmission system of covered channels, mains, and service lines. As the water needs to be clean before reaching consumers, it will also pass through a treatment plant, where engineers have deployed a variety of mechanical and biological processes to remove impurities. Finally, water is pumped into high-rise storage towers at the edge of the city, from which gravity will feed the lines reaching homes and businesses.

At every step of the drinking water delivery system—from collection, to treatment, to distribution—engineers must fulfill federal, state, and local environmental policy mandates. The Safe Drinking Water Act, for example, sets maximum contaminant levels in drinking water, which engineers are in charge of achieving. Engineers also need to site and design water sources to be free of contamination. And the law requires states and localities to maintain the integrity of their water distribution systems—a task handed to the engineers who create and upgrade these structures.

By the time water reaches your tap, it will have traveled perhaps hundreds of miles and undergone several rounds of disinfection and treatment. After it leaves your drain in the form of wastewater, engineering continues to carry out the mandates of laws like the Clean Water Act, treating the water through complex physical and biological processes to meet effluent limits before returning it to a local stream. In this way, environmental policy and engineering work hand-in-hand, each discipline informing the other in carrying out a blueprint for protecting public health and ecosystems.

Beyond water, everyday engineering provides us with the electrical power that fuels our lighting, appliances, hot water, and heating systems; the local roads, highways, and railway systems we use for transportation; and the solid waste collection and management systems that pick up our trash and recycling. So much of our daily lives, and our daily resource consumption, interacts with complex local and regional infrastructure networks. But many of us know little about these engineering systems, not to mention their role in environmental impacts. The connections are so overlooked, in fact, that even an engineer may not spot them at first glance.

The professor embarked on a journey of learning about sustainability while developing his Everyday Engineering course. A civil engineer by training, Ressler taught at West Point for 21 years and is now an emeritus professor there. He also served in the U.S. Army Corps of Engineers for 34 years, beginning as a combat engineer, and later becoming deputy commander of the New York District of the Corps.

Though he is quick to point out that he has no formal training in environmental engineering, Ressler’s evolution from “someone who was largely uninterested in sustainability to someone who is a true believer,” as he puts it, appears a natural progression for this lifelong learner.

Even before teaching for The Great Courses, he and his wife were “aficionados” of the online series: “We have a whole bookcase of The Great Courses CDs and DVDs.” During a sabbatical from teaching, Ressler emailed their customer service department on a whim to ask about teaching an engineering course. Since that first cold email, The Great Courses has featured a growing roster of Ressler-taught classes: In addition to Everyday Engineering, these include Understanding Greek and Roman Technology, Understanding the World’s Greatest Structures, Do-It-Yourself Engineering, and a fifth under production on catastrophic engineering failures.

Ressler is a lively instructor, with an emphatic way of speaking that’s immediately engaging. His popularity on The Great Courses site—there is a rating system—is in large part due to his trademark use of working models. These functional, miniature versions of engineering structures show how an arch bears weight, or how a dam creates a water reservoir, by demonstrating physical concepts in real time. He credits his military academy experience for this technique, as using physical models is “in the fabric of the West Point academic philosophy,” Ressler says.

While developing Everyday Engineering, Ressler began researching passive solar and other energy-efficient designs in residential housing. These principles were natural entry points into the field of sustainability; after all, “When you get a huge return for absolutely minimal investment, that’s very enticing to an engineer,” he says. But as he looked further, he began to consider how environmental issues fit into the broader purpose of engineering as a profession. “I began to think about the broader professional aspects of what it means to be an engineer, in a world where our decisions will have a tremendous impact on future generations.”

He reached a simple, yet powerful conclusion: “Sustainable engineering is just morally responsible engineering.” The revelation stems from his education in ethics as an engineer. Licensed engineers—mostly working in civil and environmental engineering—must subscribe to a code of ethics as part of their licensure process. “Protecting public health and safety is, and has always been, the paramount principle embedded in our code of ethics,” he says.

A licensed engineer himself, and an experienced evaluator of accreditation programs through his work with the American Society of Civil Engineers, Ressler began to probe the meaning of public health and safety when it comes to future generations. “Why should we place less value on their health and safety, than on that of people today?” he asks.

“Sustainability simply means my grandchildren should have access to the same resources, the same clean air, the same clean water, and the same viability of the planet into the future as we have, or perhaps better,” he says. “By the time I was done with the course, I found myself being a sustainability advocate.”

Ressler is not alone. A growing number in the engineering community have begun to recognize the importance of sustainability. One proponent is the American Society of Civil Engineers, an organization Ressler is extensively involved with. ASCE has set sustainability as a strategic goal, and recently made efforts to revamp its professional code of ethics for civil engineers. “This new code of ethics makes a very powerful case for sustainability and for the environment,” Ressler says.

In his Everyday Engineering lectures, Ressler identifies sustainability as “the most important trend in the world of engineering and technology today.” That’s because engineering is fundamental to achieving almost any environmental or sustainable development goal. For a product, building, or power source to be sustainable, environmental standards need to be “designed in from the outset,” he says.

In one video lecture, Ressler gestures toward a standard pop-up toaster on his classroom table. “Your new toaster won’t be maintainable unless the designer makes better accommodations for disassembly and repair—than this!” Stumped, he examines the unwieldy cooking apparatus. “How do I get this apart, anyway?”

For this reason, Ressler says designers are the ones principally responsible for sustainability. So how do we motivate them to embed energy efficiency and zero-waste principles? He argues the best way is for companies to recognize that taking green measures is good for business, and to voluntarily opt for these standards. For example, building a Leadership in Energy and Environmental Design (LEED)-certified headquarters building or other facility can help boost a corporation’s public image, and cut energy and water supply costs at the same time.

Government action and incentives are also powerful tools. “For instance, building sustainability requirements into the codes and standards that we use as the basis for design,” Ressler says. These include building codes, which are developed with technical input from professional societies like the American Society of Civil Engineers before being adopted by government entities. ASCE and other societies are currently updating codes to reflect higher standards of sustainability. The good news is, “Once you build sustainable design into the codes and standards, engineers will comply. There’s no question about it.”

Despite the many ways technology helps fulfill society’s environmental goals, engineering has also played a role in some of history’s greatest environmental catastrophes. Ressler spoke with us as he wrapped up post-production on his newest course, Epic Engineering Failures, which covers case studies like the Chernobyl nuclear meltdown and the Deepwater Horizon oil spill. These incidents offer fresh insight on how engineers can contribute to sustainability: “The most important answer is, ‘Don’t build nuclear power plants that explode and spew radiation across an entire continent,’” Ressler writes in a tongue-in-cheek email.

In reality, the reasons for these colossal failures are surprisingly complex. Ressler argues that one contributing factor for some disasters is a widespread policy governing the engineering profession, called the industrial exemption.

Like lawyers and doctors, engineers require a state-issued license to do certain types of work. But the industrial exemption policy means that engineers working in industry—a definition that varies from state to state—are not required to obtain a license from professional bodies. “Essentially, the corporation takes on both the responsibility and the liability that’s normally associated with the work that a licensed professional does,” Ressler explains. He cites a 2015 law review article by Paul Spinden that calls engineers “a striking enigma” compared to other licensed professionals. “An overwhelming majority of engineers—somewhere around eighty percent—do not pursue licensing as a professional engineer,” Spinden writes.

Licensing holds engineers accountable to a high standard of protecting public health and safety—values espoused in the code of ethics required for licensed engineers. As Ressler puts it, a licensed engineer “is operating under an ethical obligation to protect public safety, and can and will lose his or her license if some aspect of the design turns out to be flawed to the extent that somebody gets hurt.”

The industrial exemption warps this picture. “Industrial exemptions are granted to engineers in corporate bureaucracies—an organizational structure that causes them to be completely beholden to their managers, and incapable of exercising the sort of autonomy that an engineering professional should be able to exercise to protect public safety,” Ressler tells me.

He points to the Deepwater Horizon oil spill as one instance where the industrial exemption likely played a role—the disaster is one example in his Epic Engineering Failures series. The 2010 drilling rig explosion released four million barrels of oil into the water, led to the death of 11 crew members, and polluted the region’s unique ecosystems. To date, BP has paid more than $60 billion in penalties, natural resource damages, and other costs.

A series of flawed management decisions led to the tragedy. In a 2011 report to President Obama, the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling identified several issues in the cement job designed to seal the bottom of the Macondo well. BP managers and BP’s contractors also failed to adequately perform tests to check for leaks in the well. For one of these tests, the commission concluded, “It is now undisputed that the negative-pressure test at Macondo was conducted and interpreted improperly.” The report goes on to find that any final chances to catch issues during the temporary abandonment of the well were also missed. As Ressler says, “It was an amazingly multilayered failure.”

Deepwater drilling is inherently risky, the report makes clear. Yet despite these risks, the commission found that the largest offshore oil spill in U.S. history was “avoidable,” and “can be traced back to a single overarching failure—a failure of management.”

Indeed, “Better management by BP, Halliburton, and Transocean would almost certainly have prevented the blowout by improving the ability of individuals involved to identify the risks they faced, and to properly evaluate, communicate, and address them,” the report states. Addressing these risks would have required leaning on the specific know-how of engineers: “BP did not have adequate controls in place to ensure that key decisions in the months leading up to the blowout were safe or sound from an engineering perspective.”

The commission stated that the incident’s “root causes are systemic.” Ressler, Spinden, and others in the pro-licensure community argue that one of these systemic causes was the industrial exemption. When all liability and responsibility are in the hands of corporate managers, industry engineers lack the professional autonomy needed to make judgment calls to ensure safety. “That doesn’t mean failures will never occur when the work is being done by licensed engineers,” Ressler clarifies. “But it sure seems to me that these mega disasters are often the result of unlicensed engineers operating within corporate bureaucracies, where the engineers’ professional judgments about safety are constrained by conflicting corporate priorities.”

Industrial exemption is “a scandal that nobody wants to take on because the corporate interests are very strong,” Ressler tells me. From his perspective, it’s an issue raised “only in the fairly obscure literature of engineering professionalism in the licensure community.”

According to Spinden, “The industrial exemption is a natural outgrowth of a profession, which, from the outset, has been closely allied with the industrial firms it serves.” But engineering goals can sometimes be at odds with business motives. On this tension, the presidential commission concludes, “Whether purposeful or not, many of the decisions that BP, Halliburton, and Transocean made that increased the risk of the Macondo blowout clearly saved those companies significant time (and money).”

Ressler chooses stronger language to describe the issue. Flawed management decisions “were made in pursuit of corporate objectives,” he says. “They were all about making profits to the exclusion of following good engineering procedures and following sound safety procedures. It was a wanton disregard of all these safety systems that are designed precisely to prevent this kind of a problem.”

Spinden writes that other major engineering disasters have been influenced by the industrial exemption, including the 1986 Challenger tragedy and innumerable lawsuits for faulty consumer products. He argues that to prevent future incidents, “Nothing short of outright elimination of the exemption will be enough.”

Ressler agrees wholeheartedly. “Nothing about our current system has changed to cause me to believe that another Macondo blowout isn’t in our future.”

As we consume increasing amounts of fossil fuels, many of today’s most challenging natural resource and pollution issues will continue to be implicated by the inherent risks of the engineering required to drill in deeper and more remote areas. On the flip side, engineers will play a key role in a transition to renewable power, designing the energy sources and building a reliable electrical grid to reach our climate mitigation goals. Investments as a result of the bipartisan infrastructure law will only accelerate these efforts.

This ever-growing role of engineering in our lives means that understanding modern environmental policies is almost impossible without basic knowledge of these technologies. In Ressler’s Everyday Engineering course, he points out that “issues surrounding the environmental impact of technology can be quite complex.” For this reason, “unambiguously correct responses to these issues are rarely available.”

An illustrative example is the ongoing debate over methane recovery systems in landfills. Under the Clean Air Act, landfills are required to systematically collect and control landfill gas emissions for safety reasons and to reduce the climate impacts of methane, a product of the breakdown of organic matter. Landfills used to fulfill this requirement by burning off the gas with controlled flares. But nowadays, gas recovery systems—which either burn the gas to produce hot water or electricity, or process it to sell to a local gas utility—are becoming increasingly common. Some environmental groups have opposed these projects, arguing that the system will incentivize landfill owners to maximize gas production. To do so, owners may delay the installation of a landfill cap, which seals the top of a dump site to minimize water infiltration. That’s because if more water seeps in a landfill, solid waste will decompose more quickly, and thus produce more methane.

Ressler uses this broad-stroke issue to highlight his most compelling argument for learning about everyday engineering: it can make us all better citizens. Back in his online classroom, he shows us his local newspaper, covered in headlines about new investments in the local highway and controversies about shale gas. “As an engaged citizen, I should take well-reasoned positions on issues like deregulation of the power industry, public investment in transportation infrastructure, and the environmental impact of shale gas exploration—and I should consider these issues when I vote for the officials who influence these policies. But can I really take a well-reasoned position on any of these issues without some understanding of the associated technologies?”

To find out, stay tuned. TEF

Akielly Hu is associate editor of The Environmental Forum. You can nominate people for Profiles by emailing her at hu@eli.org.

PROFILE Stephen Ressler’s online courses portray the behind-the-scenes work of the engineer in achieving society’s goals, including environmental protection. He tells us how the profession can lead the charge to a green economy, and why policies should play a role.

IoT's Environmental Impact Is Up to Us
Author
Stephen Harper - Intel Corporation
Intel Corporation
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2
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black and white headshot of Stephen Harper

Technologies are tools, and humans determine their net social and environmental impacts by how they are designed and deployed. This is true for the Internet of Things, a poorly understood set of information and communications technology (ICT) solutions that are rapidly proliferating throughout society. Often joined with artificial intelligence, IoT is the enabling technology undergirding everything labeled as “smart”—homes, buildings, transport, cities. Think of a network of sensors, edge computing devices, and data gateways connected via the cloud and data centers. “Digitalization” is a term often applied to this phenomenon.

The environmental and sustainability benefits that IoT delivers have been well publicized, particularly by ICT vendors jockeying for a bigger share of a growing market. Smart homes and buildings, intelligent transportation, precision agriculture, industrial controls, electricity grid resilience, “digital water” . . . the list goes on. A common thread in all these applications is the ability of IoT to turn data into actionable analysis. The International Energy Agency has shown how IoT and other forms of digitalization can be applied to improve the efficiency and lower the climate impact of our energy system.

The potential negative effects of IoT have also received scrutiny, including rising end-of-life e-waste and direct energy consumption. Analysts have also highlighted potential rebound effects, whereby increased energy efficiency and resulting cost savings can lead to increased energy consumption in the long run. Analysis of energy rebounds by the American Council on an Energy Efficient Economy typically minimize the size of such effects, but the potential remains nonetheless.

There is a long history of ICT scary stories, especially concerning predictions of future energy consumption trends. Dating back to the California energy crisis of 2000, which some analysts errantly blamed on the growth of data centers, various “experts” have made claims that ICT devices collectively will consume most or all of the available electricity by some date in the mid-term future. Data centers have garnered the most criticism, although a recent report from Lawrence Berkeley lab shows U.S. data center electricity consumption has leveled off in recent years despite an explosion in the amount of data being processed. More recently, alarms have been raised about the energy threat posed by billions of IoT sensors projected by some date in the future.

A good analytical frame for evaluating the balance of IoT’s positives and negatives are the complementary metaphors of footprint and handprint. The footprint is the direct negative impact (energy, water, climate change) of any person, company, or society. Handprint refers to the enabling impact that technologies can have in helping a person, company, or society to reduce their footprints. ICT technologies, including IoT, definitely have a footprint, but they also present handprint benefits, perhaps more than any other sector of the economy.

Society’s goal should be to minimize IoT’s footprint and maximize its handprint. That comes down to technology design and public policy. The IEA several years ago convened the Connected Devices Alliance, a consortium of governments and ICT companies, to focus on both. One work product of the CDA is a set of “Design Principles for Energy Efficient Connected Devices” that features 10 recommendations for how IoT and other ICT device makers can minimize the energy footprint of networked devices. In parallel, the CDA issued a set of “Policy Principles for Energy Efficient Connected Devices” that highlight how policymakers can promote handprint innovations and help grow the market for IoT and other network markets.

Several groups are focused on the net benefits of digitalization. ELI itself has convened a conference and series of webinars under their Green Tech banner, with discussions focused on how smart public policies can maximize the net environmental benefits of technology. The Digital Climate Alliance, a coalition of leading ICT companies, has been promoting enabling digitalization policies in legislation on Capitol Hill. By leveraging existing resources, companies and governments alike can push for IoT to be used for good.

Good Movements Have Downsides Too
Author
Edward Tenner - Smithsonian Lemelson Center for the Study of Invention and Innovation
Smithsonian Lemelson Center for the Study of Invention and Innovation
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The Internet of Things is not a single technology but a movement, an organized campaign for the massive adoption of new standards. Sociologists and anthropologists of information technology have found that movements have a vanguard of enthusiasts and early adopters urging their organizations on the bandwagon—and sometimes confronting a counterforce of skeptics. Careers can depend on which side prevails. But movement thinking is no substitute for imagining all that can go wrong.

Neither evangelists nor agnostics can always foresee the ultimate, often unintended positive and negative consequences of new systems. Over the decades, good guys and bad guys can be reversed. Historians of transportation have reminded us of how utopian the private internal combustion engine once appeared, a solution to the health menace of horse manure and even of dead horses on city streets. In small numbers, automobiles seemed positively benign. Bicyclists had cried out for better roads, helping create cyclist-unfriendly thoroughfares. If the new vehicles began to erode streetcar use, many progressive writers applauded this blow to monopolists. Remember the song for Charles Foster Kane in the film? He “has the traction magnates on the run.” Railroads then became environmentally friendly again, until (as the New Yorker recently reported) protesters in England have been digging and living in tunnels to prevent damage to a historic forest by a new high-speed line. And vaping, promoted as high-tech harm reduction, has become a new youth addiction.

Sometimes the skeptics turn out to be wrong. The rebound effect is a special case of what safety engineers have called risk compensation, the tendency of people living in greater safety to seek out new risks unconsciously. Early in the introduction of mandatory automotive seatbelts some libertarians claimed that a sense of security made buckled-up drivers a greater danger to pedestrians. Later studies showed that seatbelts clearly reduced vehicular deaths. Risk compensation sometimes happens; people in safe financial jobs may seek out “adventure travel.” There is a whole book devoted to volcano tourism. But compensation is no iron law.

The real issue for the IoT movement is the unprecedented complexity and fragility of interdependent systems. While many people consider malware the problem, it is not the underlying weakness of the Internet of Things. That instead is a structural problem that first drew attention in the nuclear meltdowns in Three Mile Island and Chernobyl: dangerously fragile links among processes. The Yale sociologist Charles Perrow formulated this analysis in a classic book, Normal Accidents, in 1988. Conventional nuclear reactors are a classic example of tight coupling. A failure in one part of the system can create a disastrous cascade of reactions. Supply chain disruptions during the Covid-19 pandemic show what happens when individual nodes of a tightly coupled process are closed down, more than cancelling the intended efficiency of lean global organization. Shipboard safety systems have induced so-called “radar-assisted collisions,” like the error that doomed the Italian luxury liner Andrea Doria in 1956.

Fortunately the history of technology suggests at least three ways to mitigate the risks of IoT. One is redundancy. Many advanced aircraft are controlled by multiple independently manufactured and programmed computers that compare results. The inevitable glitches in individual systems are outvoted. Another is firebreaks. When Tokyo was the world’s largest city in the 18th century it was notoriously fire-prone. The shoguns decreed wide streets and ordered waterways to interrupt the spread of fire. IoT systems should be able to continue functioning if they need to be temporarily disconnected from each other. That points to a third strategy. People must maintain the skills they will need when systems are periodically disrupted. Like commercial airline pilots today, driverless car owners may need to practice on simulators. Even in tomorrow’s networked everything, human attention must still be paid.

Earth's Electronic Skin
Author
Kasantha Moodley - Environmental Law Institute
Andrew Li - Environmental Law Institute
Environmental Law Institute
Environmental Law Institute
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Earth's Electronic Skin

In 1989, the president of interop, a networking conference, gave engineer John Romkey a challenge: connect a toaster to the nascent internet, just becoming a part of popular culture. If successful, the engineer would get star billing at the nextconference. Romkey and his friend Simon Hackett showed up the following year with a Sunbeam toaster, a simple information database, and a flair for showmanship. They took center stage to grill a slice of bread using a single command. With this innovation, a piece of toast came to represent a slice of our future.

Ten years later, during the dot-com era, sociologist Neil Gross predicted what would come next if we were to connect almost everything to the internet. “In the next century, Planet Earth will don an electronic skin. It will use the internet as a scaffold to support and transmit its sensations. This skin is already being stitched together. It consists of millions of embedded electronic measuring devices: thermostats, pressure gauges, pollution detectors, cameras, microphones, glucose sensors, EKGs, electroencephalographs. These will probe and monitor cities and endangered species, the atmosphere, our ships, highways and fleets of trucks, our conversations, our bodies—even our dreams.”

Termed the Internet of Things, or IoT, this technology is now real. It is modernizing our businesses, cities, transportation systems, energy grids, and agriculture. It is also being proposed as the next big thing to confront our most pressing environmental challenges. There are an estimated 25 billion devices connected to the internet. The economic impact of this network, measured as value added, could be anywhere from $3.9 trillion to $11.1 trillion per year in 2025, according to the McKinsey Global Institute.

While all the hype around IoT’s economic potential is warranted, we seem to have brushed over the environmental costs––specifically, the unwanted counter-effects resulting from increased efficiencies and access to information, or what is now referred to as digital rebound. For example, how much energy is consumed by IoT devices, and how does this compare across applications? What is the indirect energy impact of IoT networks at data centers? How is IoT impacting our everyday decisions and long-term behaviors? How can we ensure that this economic boom doesn’t inadvertently become an environmental bust, consuming more energy than it saves and creating other perniscious effects? These questions are complex and involve concepts very difficult to measure or predict.

The Network for the Digital Economy and Environment is answering these tough questions. What we call nDEE is an initiative of ELI’s Innovation Lab, Yale’s School of the Environment, and the Center for Law, Energy, and the Environment at Berkeley law school. With limited empirical research on the environmental costs of IoT, there can be no action taken by businesses, technology developers, or policymakers to ensure the responsible development and deployment of this technology. The nDEE seeks to build a multidisciplinary coalition to produce research that will expand our understanding and encourage actions and policies that harness the benefits of IoT while mitigating its harms.

While IoT devices and their systems are incredibly diverse in their settings and applications, the technological structure is inherently the same, involving layers of perception, networking, and computing. Perception occurs through built-in sensors, networking happens through wireless connections, and computing translates data into specific services required by users. As IoT develops in unexpected ways, this structure will remain largely unchanged. The ubiquity of IoT, combined with its ability to connect with systems and devices anywhere, makes it uniquely powerful.

Smart transportation, for instance, is not only the fastest growing application of IoT, but it will benefit greatly when there is detailed sensory information on every vehicle on the road. The backbone consists of thousands of sensors, cameras, and Radio Frequency Identification (RFID) readers that collect data, which is transmitted through cellular routers. The system then deploys artificial intelligence to use the data to perform an action, such as changing a traffic signal due to an accident. All these components work in perfect harmony and make real-time decisionmaking possible.

With this data, IoT is already providing a multitude of functions, including real-time analysis of road conditions and congestion, finding parking spaces, and automatically paying tolls. In the future, autonomous vehicles will need to seamlessly integrate this data to plan efficient routes and ensure the safety of passengers by communicating with other IoT-enabled cars. With enough vehicles with IoT capability, some scholars predict, there will be a utopian transportation future. Traffic accidents and congestion will be almost eliminated.

Fully utilizing IoT, transportation’s greenhouse gas emissions may decrease anywhere from a low of 5 percent up to perhaps 60 percent, while fuel consumption may decrease anywhere between 30 and 90 percent. The New York City Department of Transportation is testing its Connected Vehicle Pilot Program. The department is procuring hardware and software to implement vehicle-to-vehicle, vehicle-to-infrastructure, and vehicle-to-pedestrian communication. The pilot program will demonstrate how safety-related warnings and other connected-vehicle applications can be deployed in the real world to address safety, mobility, and environmental challenges.

In a similar vein, the ability of electric grids and smart buildings and homes to communicate with each other could illuminate the balance between electricity supply and demand, leading to improved load balancing. Utilities can produce energy based on actual demand, which can refine their strategies on consumer prices and ultimately cut ratepayer costs. Conversely, consumers will be aware of the provider’s energy load and can shift use to times when electricity is cheaper. This type of temporal load balancing can reduce stress on grids during peak hours. Another type of load balancing can allow smart grids to schedule power-hungry tasks when solar and wind energy are in high supply.

However, automated load balancing at this scale is mostly theoretical. It is not known how responsive people will be to changing their habits. Some studies suggest that consumers’ energy consumption behavior is somewhat sticky and may resist rescheduling, even when certain times offer lower prices. But even relatively small cuts can add up. The Department of Energy estimates that if the electric grid were just 5 percent more efficient, the energy savings would equate to permanently eliminating the fuel and greenhouse gas emissions from 53 million cars. To take an example, the energy loss associated with many power plants can be attributed to aging infrastructure, with some assets more than 40 years old. If existing power plants were to be retrofitted with IoT systems, the expected lifetime efficiency savings would total an estimated $50 million per plant. That sounds great, but policymakers will have to consider that new IoT-based power plants of similar capacity would have an expected lifetime efficiency savings almost five times greater. IoT merely confirms the savings of new generation technologies.

With a desperate need for upgrades like this, the bipartisan infrastructure package could not have been passed at a better time. The act signals a strong push toward digitizing the nation’s utilities, transportation, and communications infrastructure. With $550 billion allocated for these upgrades, it is a given that IoT will play a key role in many, if not all, of the planned projects. The act even calls for a “Digital Climate Solutions Report” that “assesses using digital tools and platforms as climate solutions, including the Internet of Things.” No doubt there will be a plethora of opportunities for IoT. However, any assessment should give due consideration to the system-wide effects and present concerns related to the use of IoT devices. For instance, an analysis of 300 IoT applications by McKinsey found that most data from IoT devices is not used effectively. As an example, only 1 percent of data from an oil rig is regularly examined. The limited data that is actually used is mostly to control anomalies, whereas the real value lies in optimization and prediction, which would allow for significant resource savings.

Agribusinesses are also employing IoT, to reduce water consumption and fertilizer use, cut waste, and improve product quality and yield. By sensing environmental conditions like soil and air temperature, as well as humidity, cost-effective IoT devices can perform analysis such as determining the optimal time to irrigate crops or apply fertilizers or pesticides. This is particularly advantageous in controlled environments. In greenhouses, for instance, IoT devices have access to environment controls like drip irrigation systems, sprinklers to control humidity, or fans and ventilation to control temperature. According to The Nature Conservancy, such precision agriculture can enable farmers to cut water and fertilizer use by up to 40 percent without reducing yields. IoT may also find applications during harvesting, packaging, and distribution to attune farmers to the market, in hopes of reducing food waste. It is estimated that 28 percent of available farmland globally is “reserved” for food waste, as farmers commonly produce more than the market demands to avoid losing profits. Food waste on the farmer’s side is a market failure that contributes to hunger, and decomposing food in landfills is a major source of methane emissions. By tracking produce sold using RFID tags, farmers and distributors can model and predict future quantities needed in a given location, leading to an accurate understanding of demand and efficient pricing. This in turn can lead to changes in growing patterns that reduce overproduction and waste at both farms and food retailers.

It would seem that the environmental potential of IoT is unparalleled. However, policymakers need real-world piloting and testing, focused on achieving the energy and environmental resource savings that IoT promises—and avoiding its pitfalls. Even with all these benefits, IoT is not free from environmental costs. Like all electronics, the manufacturing of IoT devices is complex and resource-intensive. In fact, IoT devices are far more problematic than other electronics due to their short lifespan in situ. Battery-powered IoT devices have a limited energy supply, some just lasting a few months. Many devices are designed to fail once the battery dies. Common solutions include low-power networks and smart sleep and wake schedules. Low-power networks, however, severely limit the volume of data transmitted per day to just a few thousand bytes. Increasing the data transfer rate or using a higher-power network like 5G would drastically reduce the lifetime of IoT devices. Added computation complexity, such as security and privacy protections through data encryption, also contributes high energy overhead, resulting in a significant tradeoff between performance of IoT and its environmental impact.

While IoT devices have different uses and thus different energy requirements, there are a few common functions. Powering the microprocessor and sensors and communicating with a wireless network are universal elements, and are also the main consumers of energy. Direct energy usage by IoT devices comes from batteries inside the unit, or more rarely, from the electric grid if the device is plugged in. Extremely low-energy ones may source some of their power from energy harvesters, which provide electricity from ambient sources like solar or thermal energy. Despite the fact that IoT devices generally perform more simple and specialized functions than personal computers and servers—and thus generally require less energy to function—their sheer ubiquity more than makes up for their small size.

While there are no good estimates for the total direct energy use by IoT devices, researchers have observed that while the processing power of electronics has increased steadily, energy efficiency has also doubled roughly every 18 months, a phenomenon known as Koomey’s Law. Koomey’s Law is a derivative of the more widely known Moore’s Law, which states that the transistor count on new processors—and thus, their performance—has doubled roughly every 18 months since the 1970s. Koomey’s Law could mean that even as the number of IoT devices and their processing capabilities increase, total energy use by the devices themselves could stay roughly constant for a number of years. With the number of devices expected to grow substantially, we will certainly see how this law plays out for IoT. The direct energy demands of this technology will also be determined by efficiency innovations, computational performance improvements, high-speed network technology, and intelligent sleep scheduling of devices.

The indirect energy use of IoT networks is consumed by routers, switches, and cell towers, as well as end-application devices like cloud servers and data centers. As a whole, networks and data centers consume nearly 400 terawatt-hours per year worldwide, contributing to more than 1 percent of all global electricity use. Some models predict a doubling or tripling of this energy use by the end of the decade, in part due to proliferation of IoT devices. The energy consumption of data centers did, however, plateau between 2010 and 2018, and some researchers attribute this to Koomey’s Law. But this may change based on how IoT and its supporting infrastructure develops and influences socioeconomic behaviors in the coming years.

Behavioral changes resulting from the use of IoT are the most difficult to predict and the most understudied aspect of IoT’s impact on the environment. Within the broader scope of environmental policy, scholars have theorized and observed an unexpected behavioral consequence of efficiency gains. Technological changes that increase energy, resource, or time efficiency often have the unwanted side effect of increasing overall consumption levels. This phenomenon has become known as the digital rebound effect. There are multiple ways IoT may cause a rebound effect, many of which are rooted in behavioral economics and social factors.

For instance, IoT has shown great potential to cut production costs in industry through increasing efficiency. The result is that industries can produce more goods at a lower cost. Since some of these lower costs are passed on to consumers in the form of lower prices, demand for these goods can rise. This increase is known as the income effect. In manufacturing, this means that while IoT can improve energy efficiency in the production process, these gains may be offset or outweighed by an increase in production overall, creating an energy rebound. Using IoT to improve energy efficiency can actually have an undesired impact on total energy use, or at least a smaller positive impact than expected.

Additionally, there are other environmental concerns the manufacturing process may create that aren’t balanced by efficiency improvements. For example, an IoT system in a factory may significantly reduce electricity use from machines on standby mode, decreasing the factory’s costs and resulting in increased production levels. However, the IoT system may not decrease the amount of non-energy-related pollution generated or the volume of raw materials consumed per unit. Thus, while increased electricity use from increasing production may be countered by better energy efficiency, other environmental costs may not be.

The rebound effect is also created through substitute and complement services. A good is a complement of another if the demand for one good increases when the demand for the other increases. For example, peanut butter and jelly may be complements of each other since they are often consumed together. This theory can be applied to IoT applications as well. If an IoT system supplements rather than replaces existing behavior, and thus acts as a complement rather than a substitute, then consumption may be drastically increased through both traditional activity and novel IoT activity. For instance, online shopping could be a complement to in-store shopping, and IoT may boost both types of purchases. Or, more likely, it may be found that AI models and IoT systems complement each other. As IoT systems proliferate, more AI models are trained to capitalize on the data generated from them. Training some AI models can emit as much carbon as five cars in their lifetimes. Thus, the rebound effect for complements is much greater and more likely to result in environmental backfire than substitutes. Unfortunately, the study of complements in the context of the digital rebound effect is nearly nonexistent despite its likely implications.

Another lesser-known rebound effect is the skill rebound, which in effect reduces the need for qualifications or skills to perform certain activities, thanks to digitization. With the autonomous vehicle example, driverless cars could mean anyone, regardless of age or driving ability, could get in a car and “drive,” resulting in more cars on the road.

Rebound effects seem to be the rule rather than an exception and cannot be ignored when assessing the total environmental impact of IoT or any other technological innovation. There have been early attempts at estimating the direct rebound effects of specific programs and policies, which have been found to be 10 percent or less. However, it should be recognized that these estimates are based on varied assumptions and methods, resulting in some uncertainty. More recent research is focused on assessing the accuracy of existing methodologies and proposing solutions that would ensure scientifically robust assessments. As IoT faces a constant push and pull between its positive and negative effects, sound research will be critical to our understanding of IoT’s rebound effects. These effects should be considered an open question, one that should be continually asked, especially given the rapid pace of digitalization, which has been further accelerated by the Covid-19 pandemic.

Will IoT become yet another burden on our planet, or will it be its long-awaited savior? Tipping the scales on this duality will be the policies and standards that frame the IoT ecosystem as a whole, or IoT governance. Due to the distributed, decentralized, and global nature of IoT, there are no clear governance organizations or definitive goals or guidelines. Many researchers have advocated for a distributed model of governance, where responsibility is spread both vertically by hierarchy and horizontally by geography or sector. International organizations, national governments, and individual corporations may all have a hand in managing IoT systems.

While such a complex, global, and hierarchical IoT governance system is still in the initial stages of framing, existing governance systems and institutions may help guide its development. IoT governance can rely at least partially on established entities like international standards-setting organizations, or SSOs. The International Organization for Standardization, International Electrotechnical Commission, and International Telecommunication Union play a large role in the governance of information and communications technology by setting global, generally voluntary technical standards.

The work of these organizations and others like them has led to extremely effective governance of the internet, a sector closely related in scope and nature to IoT. Thus, internet governance can be instructive for IoT governance. Governance of the internet is multilayered and hierarchal, with international standards and protocols established by SSOs (i.e., Wi-Fi, HTTP), regulations and laws enacted by governments (i.e., General Data Protection Regulation), privacy policies and technical limits set by companies, and even individual restrictions like parental controls. The same governance structure will likely be applied to IoT.

The environmental benefits and harms of IoT are often seen as just a technological issue, rather than a governance issue. Optimists believe that IoT has the potential to be a boon for the environment, so much so that they think technological improvements will eventually arc toward sustainability without the need for regulation.

The other issue is that there can be no governance without facts. Simply put, the problem is not well defined, and current research of IoT and the environment is lackluster. Many academic papers frame IoT as an economic boon, while overlooking its environmental costs. Robust research at this intersection is crucial for technological improvements. Good governance will thus catalyze research that provides powerful empirical data on IoT’s second-order and third-order impacts; promote the exploration of methodologies to better understand and estimate the system-wide impacts; and facilitate an inclusive and interdisciplinary community of practice.

Despite the proliferation of billions of IoT devices since the 1990s, researchers and industries have only recently begun to pay attention to their large-scale benefits and harms. Predictions that IoT can single-handedly save or destroy the environment are at the very least premature. Some IoT applications will persist and propagate, while others will enjoy only momentary hype. The ones that prove durable will have effects beyond those that were intended and be subject to diverse and global economic, behavioral, and cultural influences.

The current research gap, particularly in the quantifiable environmental effects and long-term direction of IoT, leaves much of the future of IoT and the environment up to fate. But because we have yet to define its future, this destiny is malleable. The study and discussion of IoT today will be critical in developing the fundamental capabilities and priorities of IoT tomorrow. We still have time to ensure that the environmental impact is not a side effect, but a primary feature of the IoT revolution. TEF

LEAD FEATURE The Internet of Things brings billions of electronic devices into our daily activities, the places we live, and the natural environment. Do we know if we’re making the planet smarter—or outsmarting it?

New Infrastructure Law Will Require Help to Achieve Goals
Author
Ethan Shenkman - Arnold & Porter
Arnold & Porter
Current Issue
Issue
2
Ethan Shenkman

At the one year anniversary of President Biden’s taking office, many are focused on what he didn’t accomplish—the passage of the Build Back Better Act, with its $550 billion investment in clean energy to combat climate change. The bill came to a halt when Senator Joe Manchin (D-WV), a key swing vote, announced his opposition.

The drama continues, as Manchin has suggested that he might back various climate provisions in scaled-back form. “The climate thing is one that we probably can come to an agreement much easier than anything else,” he said. President Biden is also managing expectations: “I think we can break the package up, get as much as we can now, and come back and fight for the rest later.”

Lost in the shuffle of what didn’t happen is the historic nature of what Biden did accomplish when he signed the bipartisan Infrastructure Investment and Jobs Act in November, which the White House accurately described as “a once-in-a-generation investment in our nation’s infrastructure and competitiveness” that will help “tackle the climate crisis.”

Environmental practitioners understand that infrastructure policy is climate policy. You can’t have one without the other. You can’t have electric vehicles without charging stations; you can’t have wind and solar without new transmission lines; and you can’t sequester carbon without pipelines to deliver the captured CO2. The IIJA makes historic investments and changes in all these areas, which will put our system of environmental review and permitting to the test and keep environmental practitioners busy for years to come. Here are only a few of the highlights.

Transmission lines: The IIJA seeks to bring more renewable energy to the grid by making massive investments in transmission infrastructure and technology and enhancing Department of Energy regulatory authorities. For example, the IIJA enhances DOE’s authority to designate National Interest Electric Transmission Corridors and it adds to the Federal Energy Regulatory Commission’s authority to issue construction permits for transmission lines within those corridors, overriding state law impediments where necessary.

Critical minerals: Also vital to the transition to a less carbon-intensive economy is access to “critical minerals” such as copper, lithium, nickel, cobalt, and rare earth elements used in items such as electric vehicle batteries and solar panels. Currently, the United States is heavily dependent on foreign sources. The IIJA attempts to increase domestic production by providing funding, enacting key regulatory and policy changes, and improving the slow pace of permitting for mining projects on public lands.

Offshore wind: The administration has set an ambitious goal of deploying 30 gigawatts of offshore wind energy by 2030. The IIJA supports this goal by, among other things, providing funding for upgrades to ports and the electric grid that are essential to unlocking offshore wind as a reliable energy source.

Hydrogen: According to the International Energy Agency, “hydrogen is an increasingly important piece of the net-zero emissions by 2050 puzzle” because it is a versatile energy carrier that can be used as a fuel option for a variety of applications. To help realize hydrogen’s potential, the IIJA defines “clean hydrogen,” establishes a charging and fueling infrastructure grant program, and requires the secretary of energy to develop a national clean hydrogen strategy and roadmap.

Carbon capture: The technique known as carbon capture and underground storage refers to the process of snaring CO2 from emissions sources and either reusing it or storing it permanently underground. Congress has expressed the belief shared by many that large-scale deployment of CCUS “is critical for achieving mid-century climate goals.” To that end, the IIJA increases DOE’s funding and authorities. Notably, the law also clarifies that the secretary of the interior may grant a lease, easement, or right-of-way for long-term sequestration on the outer continental shelf, thus resolving a longstanding legal question.

NEPA review: Whether the IIJA’s historic level of investment in infrastructure will facilitate an energy transition depends in part on the speed with which federal agencies can get money out the door and projects constructed. The IIJA’s amendments to Title 41 of the Fixing America’s Surface Transportation Act (FAST-41), which establishes an interagency coordination process for certain “covered” infrastructure projects, are intended to further expedite this work. The IIJA enhances the FAST-41 process by, for example, expanding applicability and imposing accelerated deadlines for agency reviews. The new law reflects a bipartisan acknowledgment that further streamlining of environmental review and permitting regimes is key to facilitating the needed energy transition.

New Infrastructure Law Will Require Help to Achieve Goals