IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds Towards efficient and effective biofuels regulation A focus on 2 nd Generation biofuels weed risk Paul Martin, & Elodie Le Gal

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds The Biofuels Initiative approach Really understand the science of issues & solutions – conversion science, mass balance, implications on TBL. 6 feedstocks assessed. NSW Biofuels Task force, 2% to 10% mandate – How, at what TBL risk? Scientific policy risk assessment (alongside the IRGC assessment) Specific concerns for law and policy –Integration of carbon policies (include soil and biochar) –Potential perversities: Minimum till and stubble retention The potential for biofuel weeds

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds What I intend to discuss What is the weeds risk? –Generic biofuel weed risk –“The perfect biofuel weeds storm” scenario Binary vs non-binary risk approach The weeds/decisions/institutional pathways The risk instrumental concepts –Industry co-regulation –Potential instruments What are the institutional pathway issues? What are the potential legal requirements? Discussion: Go/No Go choices?

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds Fundamental challenges Threshold policy/politics choice: risk-avoidance or risk-management? –Will bans work? What are the alternatives? What are the spillover risks? The GMO experience Complexity and unfamiliarity of the concepts The risks of risk-based policy –Political –Instrumental –Spillover

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds The biofuel weeds risk The ideal biofuel species = perfect weed? Genetic modification directions The perfect weed storm –Scale and unit value of biofuel –Economic vulnerability of growers –Fiscal capacity to protect/remediate?

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds Weed pathway Whose decisions?What institutions?Risk themes ? Science institutions Enterprise investors Bio-security agencies Policy agencies Commercial insurers Land-use agencies Economic agencies Property investors Industry organisations Primary industry agencies Standards Certifiers Public media Fuel companies Legal system Consumer organisations Conservation agencies Science institutions Monitoring agencies Field scientist Lab scientist Industry Entrepreneur Risks expert Customs Bureaucrat Commercial Propagator Development agency staff Site investor/owner Land-use approver Plantation entrepreneur Plantation manager Biofuel processor Biofuel investor Biofuel consumer Extension officer Rural NGO activist Plantation neighbour Government weeds manager Regional environmental officer Local weeds manager Weeds officer Field scientists Risk/context scientific evaluation Closing the risk- responsibility/reward cycle Risk-calibrated management options Economic incentive for risk management Informed, harm- accountable investors Risk-control by the industry Risk-informed consumer choices Active harm monitoring Compensation Knowledge for avoidance/control/reme diation Incentives for control/remediation Funds for control and remediation

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds Conceptual design of a risk- focused regulatory model Industry self requlatory structureLiability structureGovernance structure MarketplaceCivil rights/ dutiesRegulation Civil liability for weed spread Assured risk payments capacity– insurance/ deposits Industry collective responsibility for introduced weeds supervision/ control Industry mutual insurance or risk- control fund structure Introducer risk accountability Site license and control system Industry management system and standard “Green” risk certification (product or investment) Governance and reporting audit

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds Institutional path-dependence issues (preliminary) Not a “30 second grab” solution Challenging some received wisdoms/ beliefs/ positions Functional impediments to a risk-nuanced model –Insufficient resources may be in place –Public/private cost/benefit allocations are not clear –Systems are not yet in place –Institutional fragmentation complicates design/implementation –Knowledge system impediments (eg risk quantification) Jurisprudential impediments –Variagated risk behaviours only partly captured by law –Nature of civil liability is to limit –Contractual issues may be complex The missing institutions

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds The law reform challenges Canada/Oz architectural commonalities –Multi-level federation/ agencies –Fragmented energy/environment laws –Similar quarantine/liability/ NRM arrangements Threshold issue: sui generis or multi-point law reform? Detailed design –Quarantine law – insurance approach –Weed law - clarification of civil weed liability –Sui generis co-regulation structure, mandated insurance, inspection and operational certification –Consumer law – standards and advertising of biofuel risk –Contract – biofuel weed insurance contracts

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds Is it worth the effort? The implications of the binary approach. Science/politics of the ‘go/no go’ choice –Possible loss of biofuel opportunities. –Allocation of residual risk to the public. Implications of moving to a risk-nuanced approach –Potential effects on biofuel innovation? –Precedent setting for risk innovation in natural resources law.

IUCN Academy of Environmental Law Innovation in risk management arrangements for biofuel weeds Interested in commenting? `We are researching institutional and legal aspects of the use of such an approach. If you are interested in this issue, please approach me for a card, or me.