The Community Veto and the Clean Energy Transition

Abstract

In the face of climate change, there is significant pressure on the electric sector to both decarbonize and expand to accommodate increased electrification. But communities increasingly oppose clean energy projects, and some commentators have expressed frustration with what they call NIMBYism, dismissing communities' concerns as specious. Others have touted the advantages of Community Benefits Agreements (CBAs) as a solution to such opposition. In this symposium contribution under the broad topic of the future of environmental law, I invite lawyers, scholars, and policymakers to look more closely at the nuances behind community vetoes and CBAs. What is revealed is a complex array of justice, risk perception, and democratic issues that are not addressed by the traditional NIMBY story. Rather, these issues call for creative thinking, supported by a multidisciplinary research agenda that demands more from the future of environmental and energy law as it grapples with climate change. I.