Sustainability of Transport Biofuels from a Legal Perspective

Evgenia Pavlovskaia

doi:doi:10.11648/j.ijepp.20130104.17

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Sustainability of Transport Biofuels from a Legal Perspective

Evgenia Pavlovskaia

Published in International Journal of Environmental Protection and Policy (Volume 1, Issue 4)

Received: 7 November 2013 Published: 20 November 2013

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Abstract

The article investigates the notion of transport biofuels, their possible advantages and disadvantages in comparison to traditional fossil fuels, and sustainability requirements that need be stated to their quality and production methods from a legal perspective. The research results indicate that the understanding of what makes the quality and production of transport biofuels sustainable is still unclear. Sustainability parameters for biofuels will differ depending on the types and purposes of biofuel production. There is no clearly agreed definition on what biofuels, and particularly sustainable biofuels are. The task of law in this situation can be to contribute to the sustainable production of biofuels through the use of the traditional and newly emerging legal approaches and instruments, such as e.g. sustainability criteria for biofuels in Directive 2009/28/EC.

Published in	International Journal of Environmental Protection and Policy (Volume 1, Issue 4)
DOI	10.11648/j.ijepp.20130104.17
Page(s)	88-93
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2013. Published by Science Publishing Group

Keywords

Transport Biofuels, Sustainable Biofuels, Use of Genetically Modified Organisms, EU Biofuel Policy

References

[1]	Directive 2009/28/EC on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC.
[2]	Directive 2009/30/EC (on the quality of transport fuels) amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC.
[3]	Haberl, H., Sprinz, D., Bonazountas, M., Cocco, P., Desaubies, Y., Henze, M., ... & Searchinger, T. (2012). Correcting a fundamental error in greenhouse gas accounting related to bioenergy. Energy policy, 45, 18-23, p. 21.
[4]	Article 17.1 in Directive 2009/28/EC.
[5]	One of the difficulties is that the term "biofuel" does not refer to a single, fully developed technology or even a single, uniform type of fuel. All biofuels are energy sources derived from biomass; see Jensen, M., & Andersen, A. H. (2013). Biofuels: a contested response to climate change. Sustainability: Science, Practice, & Policy, 9(1), 42-56.
[6]	Li, Q., Xu, J., Du, W., Li, Y., & Liu, D. (2013). Ethanol as the acyl acceptor for biodiesel production. Renewable and Sustainable Energy Reviews, 25, 742-748, p. 747.
[7]	A possible definition for biodiesel is that it is biofuel made for diesel engines from agricultural co-products and by-products such as vegetable oils and animal fats; see Diaz, M. (2013). BIODIESEL FEEDSTOCK PRE-TREATMENT STATION, p. 7.
[8]	Bansal, T., Tripathi, N., & Chawla, G. (2013). Upgradation of biogas using combined method of alkaline water scrubbing and adsoption through carbon molecular sieve. In Proceedings of the International Conference on Global Scenario in Environment and Energy, Bhopal, Madhya Pradesh, India, 14-16 March 2013. (Vol. 5, No. 2, pp. 886-890). Sphinx Knowledge House, p. 886; Chmielewski, A. G., Urbaniak, A., & Wawryniuk, K. (2013). Membrane enrichment of biogas from two-stage pilot plant using agricultural waste as a substrate. Biomass and Bioenergy, p. 1.
[9]	There is a wide-spread recognition that to be adopted successfully the production of biofuels should be sustainable; see e.g. Borowitzka, M. A., & Moheimani, N. R. (2013). Sustainable biofuels from algae. Mitigation and Adaptation Strategies for Global Change, 18(1), 13-25, p. 13.
[10]	National Research Council of the National Academies (2010), Toward Sustainable Agricultural Systems in the 21st Century, p. 252.
[11]	National Research Council of the National Academies (2010), Toward Sustainable Agricultural Systems in the 21st Century, p. 252; other positive impacts can be to help farmers maintain their profitability and prevent negative effects of land abandonment on biodiversity; see Harvolk, S., Kornatz, P., Otte, A., & Simmering, D. (2013). Using existing landscape data to assess the ecological potential of Miscanthus cultivation in a marginal landscape. GCB Bioenergy, p. 1.
[12]	Ekardt, F., von Bredow, H. (2011), Managing the Ecological and Social Ambivalences of Bioenergy: Sustainability Criteria Versus Extended Carbon Markets, p. 459.
[13]	Recent research indicates that demands on water supply are increasing due to growing population, more use per capita, migration of people, economic activity, and the impacts of climate change. Many regions of the world are experiencing increasing water scarcity. Water use requirements for crops for biofuels of an agricultural origin depend on the type of crops, the location where they are grown and how they are managed; see Gopalakrishnan, G., Negri, M. C., Wang, M., Wu, M., Snyder, S. W., & Lafreniere, L. (2009). Biofuels, land, and water: a systems approach to sustainability. Environmental science & technology, 43(15), 6094-6100, p. 6094.
[14]	National Research Council of the National Academies (2010), Toward Sustainable Agricultural Systems in the 21st Century, p. 252.
[15]	Robertson, G. P., Dale, V. H., Doering, O. C., Hamburg, S. P., Melillo, J. M., Wander, M. M., & Parton, W. (2008). Agriculture-sustainable biofuels redux. Science, 322(5898), p. 49.
[16]	National Research Council of the National Academies (2010), Toward Sustainable Agricultural Systems in the 21st Century, p. 252.
[17]	The present knowledge about sustainability of biofuels and their production methods is still in question. Many research studies in this field are inconsistent; see Ziolkowska, J. R. (2013). Evaluating sustainability of biofuels feedstocks: A multi-objective framework for supporting decision making. Biomass and Bioenergy, p. 2.
[18]	Lin, J. (2010), The Sustainability of Biofuels: Limits of the Meta-Standard Approach, in the Governance of Clean Development, Working Paper 011, December 2010, p. 11.
[19]	Mandolesi de Araújo, C. D., de Andrade, C. C., de Souza e Silva, E., & Dupas, F. A. (2013). Biodiesel production from used cooking oil: A review. Renewable and Sustainable Energy Reviews, 27, 445-452, p. 445.
[20]	Biofuels have the potential to replace or reduce the dependence on the traditional fossil fuels; for further information see Brown, R. J., Keates, A. C., & Brewer, P. J. (2010). Sensitivities of a Standard Test Method for the Determination of the pHe of Bioethanol and Suggestions for Improvement. Sensors, 10(11), 9982-9993, p. 9983.
[21]	The transport sector is estimated today to be one of the largest contributors to GHG emissions. It is also the sector with the highest growth rate of GHG emissions; see Kohler, J. (2013). 7 Moving away from the motor car. The challenge of transition to low carbon vehicles. Creating a Sustainable Economy: An Institutional and Evolutionary Approach to Environmental Policy, 21, 135, p. 135.
[22]	Latest research based on the life cycle assessment (LCA) of the whole production process has shown that, unlike what has been anticipated, biofuels of an agricultural origin can provide a little to no benefits for GHG emission savings compared to the traditional fossil fuels. The achieved results depend much on the production methods; for further information see Kendall, A., & Yuan, J. (2013). Comparing life cycle assessments of different biofuel options. Current opinion in chemical biology, p. 1.
[23]	Mandolesi de Araújo, C. D., de Andrade, C. C., de Souza e Silva, E., & Dupas, F. A. (2013). Biodiesel production from used cooking oil: A review. Renewable and Sustainable Energy Reviews, 27, 445-452, p. 445.
[24]	A large variety in prices can be observed. As an example, bioethanol produced from sugarcane in Brazil is three or four times cheaper than bioethanol produced from corn in the USA; see Alonso-Pippo, W., Luengo, C. A., Alonsoamador Morales Alberteris, L., García del Pino, G., & Duvoisin Junior, S. (2013). Practical implementation of liquid biofuels: The transferability of the Brazilian experiences. Energy Policy, p. 71.
[25]	Holden, E., & Gilpin, G. (2013). Biofuels and Sustainable Transport: A Conceptual Discussion. Sustainability, 5(7), 3129-3149, p. 3130.
[26]	Shi, X., Goto, S. (2011), Harmonizing Biodiesel Fuel Standards in East Asia: Current Status, Challenges and Way Forward, p. 22.
[27]	Up till now the production of biofuels has to a large extent been supported by national governments; see Holden, E., & Gilpin, G. (2013). Biofuels and Sustainable Transport: A Conceptual Discussion. Sustainability, 5(7), 3129-3149, p. 3130.
[28]	Aras, G., Crowther, D. (2009), Corporate Sustainability Reporting: A Study in Disingenuity?, Journal of Business Ethics 2009, 87, pp. 279–288, Springer 2008, DOI 10.1007/s10551-008-9806-0, p. 280; Spangenberg, J., H. (2013), Pick Simply the Best: Sustainable Development is About Radical Analysis and Selective Synthesis, not About Old Wine in New Bottles, Helmholtz Centre for Environment Research, Halle/Saale, Germany, Sustainable Development Sust. Dev. 21, 101–111 (2013), p. 102.
[29]	Westerlund, S. (2003), Miljörättsliga grundfrågor 2.0, Institutet för miljörätt (IMIR), Björklinge, p. 7.
[30]	Börjesson, P. (2009), Contribution to the Conference on Climate Adaptation, 25 February 2009, Alnarp, Sweden.
[31]	Delzeit, R., Holm-Müller (2009), Steps to discern sustainability criteria for a certification scheme of bioethanol in Brazil: Approach and difficulties, p. 668.
[32]	Von Maltitz, G. P., & Setzkorn, K. A. (2013). A typology of Southern African biofuel feedstock production projects. Biomass and Bioenergy, p. 14.
[33]	This is in spite of the fact that Directive 2009/28/EC provides definitions of such concepts as biofuels, biomass, bioliquids; see Article 2 there.

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Evgenia Pavlovskaia. (2013). Sustainability of Transport Biofuels from a Legal Perspective. International Journal of Environmental Protection and Policy, 1(4), 88-93. https://doi.org/10.11648/j.ijepp.20130104.17

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Evgenia Pavlovskaia. Sustainability of Transport Biofuels from a Legal Perspective. Int. J. Environ. Prot. Policy 2013, 1(4), 88-93. doi: 10.11648/j.ijepp.20130104.17

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Evgenia Pavlovskaia. Sustainability of Transport Biofuels from a Legal Perspective. Int J Environ Prot Policy. 2013;1(4):88-93. doi: 10.11648/j.ijepp.20130104.17

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@article{10.11648/j.ijepp.20130104.17,
  author = {Evgenia Pavlovskaia},
  title = {Sustainability of Transport Biofuels from a Legal Perspective},
  journal = {International Journal of Environmental Protection and Policy},
  volume = {1},
  number = {4},
  pages = {88-93},
  doi = {10.11648/j.ijepp.20130104.17},
  url = {https://doi.org/10.11648/j.ijepp.20130104.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijepp.20130104.17},
  abstract = {The article investigates the notion of transport biofuels, their possible advantages and disadvantages in comparison to traditional fossil fuels, and sustainability requirements that need be stated to their quality and production methods from a legal perspective. The research results indicate that the understanding of what makes the quality and production of transport biofuels sustainable is still unclear. Sustainability parameters for biofuels will differ depending on the types and purposes of biofuel production. There is no clearly agreed definition on what biofuels, and particularly sustainable biofuels are. The task of law in this situation can be to contribute to the sustainable production of biofuels through the use of the traditional and newly emerging legal approaches and instruments, such as e.g. sustainability criteria for biofuels in Directive 2009/28/EC.},
 year = {2013}
}

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TY  - JOUR
T1  - Sustainability of Transport Biofuels from a Legal Perspective
AU  - Evgenia Pavlovskaia
Y1  - 2013/11/20
PY  - 2013
N1  - https://doi.org/10.11648/j.ijepp.20130104.17
DO  - 10.11648/j.ijepp.20130104.17
T2  - International Journal of Environmental Protection and Policy
JF  - International Journal of Environmental Protection and Policy
JO  - International Journal of Environmental Protection and Policy
SP  - 88
EP  - 93
PB  - Science Publishing Group
SN  - 2330-7536
UR  - https://doi.org/10.11648/j.ijepp.20130104.17
AB  - The article investigates the notion of transport biofuels, their possible advantages and disadvantages in comparison to traditional fossil fuels, and sustainability requirements that need be stated to their quality and production methods from a legal perspective. The research results indicate that the understanding of what makes the quality and production of transport biofuels sustainable is still unclear. Sustainability parameters for biofuels will differ depending on the types and purposes of biofuel production. There is no clearly agreed definition on what biofuels, and particularly sustainable biofuels are. The task of law in this situation can be to contribute to the sustainable production of biofuels through the use of the traditional and newly emerging legal approaches and instruments, such as e.g. sustainability criteria for biofuels in Directive 2009/28/EC.
VL  - 1
IS  - 4
ER  -

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Author Information

Evgenia Pavlovskaia

Law Faculty, Lund University, Sweden

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Evgenia Pavlovskaia. (2013). Sustainability of Transport Biofuels from a Legal Perspective. International Journal of Environmental Protection and Policy, 1(4), 88-93. https://doi.org/10.11648/j.ijepp.20130104.17

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Evgenia Pavlovskaia. Sustainability of Transport Biofuels from a Legal Perspective. Int. J. Environ. Prot. Policy 2013, 1(4), 88-93. doi: 10.11648/j.ijepp.20130104.17

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Evgenia Pavlovskaia. Sustainability of Transport Biofuels from a Legal Perspective. Int J Environ Prot Policy. 2013;1(4):88-93. doi: 10.11648/j.ijepp.20130104.17

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@article{10.11648/j.ijepp.20130104.17,
  author = {Evgenia Pavlovskaia},
  title = {Sustainability of Transport Biofuels from a Legal Perspective},
  journal = {International Journal of Environmental Protection and Policy},
  volume = {1},
  number = {4},
  pages = {88-93},
  doi = {10.11648/j.ijepp.20130104.17},
  url = {https://doi.org/10.11648/j.ijepp.20130104.17},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijepp.20130104.17},
  abstract = {The article investigates the notion of transport biofuels, their possible advantages and disadvantages in comparison to traditional fossil fuels, and sustainability requirements that need be stated to their quality and production methods from a legal perspective. The research results indicate that the understanding of what makes the quality and production of transport biofuels sustainable is still unclear. Sustainability parameters for biofuels will differ depending on the types and purposes of biofuel production. There is no clearly agreed definition on what biofuels, and particularly sustainable biofuels are. The task of law in this situation can be to contribute to the sustainable production of biofuels through the use of the traditional and newly emerging legal approaches and instruments, such as e.g. sustainability criteria for biofuels in Directive 2009/28/EC.},
 year = {2013}
}

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TY  - JOUR
T1  - Sustainability of Transport Biofuels from a Legal Perspective
AU  - Evgenia Pavlovskaia
Y1  - 2013/11/20
PY  - 2013
N1  - https://doi.org/10.11648/j.ijepp.20130104.17
DO  - 10.11648/j.ijepp.20130104.17
T2  - International Journal of Environmental Protection and Policy
JF  - International Journal of Environmental Protection and Policy
JO  - International Journal of Environmental Protection and Policy
SP  - 88
EP  - 93
PB  - Science Publishing Group
SN  - 2330-7536
UR  - https://doi.org/10.11648/j.ijepp.20130104.17
AB  - The article investigates the notion of transport biofuels, their possible advantages and disadvantages in comparison to traditional fossil fuels, and sustainability requirements that need be stated to their quality and production methods from a legal perspective. The research results indicate that the understanding of what makes the quality and production of transport biofuels sustainable is still unclear. Sustainability parameters for biofuels will differ depending on the types and purposes of biofuel production. There is no clearly agreed definition on what biofuels, and particularly sustainable biofuels are. The task of law in this situation can be to contribute to the sustainable production of biofuels through the use of the traditional and newly emerging legal approaches and instruments, such as e.g. sustainability criteria for biofuels in Directive 2009/28/EC.
VL  - 1
IS  - 4
ER  -

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