Nafta Ramifications of Hydropower Restrictions in the Waxman-Markey Bill’s Proposed Renewable Portfolio Standard

Abstract

Article 6 of Nafta allows for free movement of energy between Parties, and Canadian hydropower already comprises a significant portion of capacity for border states throughout New England, in the Pacific Northwest and along the Great Lakes.

But, as states have crafted Renewable Portfolio Standards to spur increased deployment of renewable resources, many have explicitly excluded hydropower from qualification for RPS credit. Now, as Congress considers a national RPS, restrictions on hydro are on the verge of nationalization.

What do the leading WTO national treatment cases show to indicate how a Canadian challenge to a US national hydro restriction may be decided given the environmental justifications forwarded for the differential treatment of hydro and other non-greenhouse gas technologies‘ Joe Walsh graduated from Suffolk University Law School in 2010 and is a post-grad John E. Fenton Fellow at the school, where he combines professional experience in government, community and regulatory affairs in the utility sector with award-winning energy and environmental law scholarship and a record of service in military intelligence for analysis of energy policy in climate change, national security and international trade contexts.

Keywords: Waxman-Markey, hydro, renewable, energy, solar, wind, Congress, policy, Nafta, trade, Canada, United States, portfolio standard,