ENVIRONMENTAL IMPACTS OF RENEWABLE ENERGY: MANAGEMENT DILEMMA BY EFEAKPOR OGHENERUONA MICHAEL* 1.

1 ABSTRACT The search for alternative sources of energy to non-renewable fossil fuel1 and the need to reduce global warming to its barest minimum has been the subject of policy debates, Implementation, enforcement and concern among countries of the world. This study seeks to examine the impact of such renewable alternative sources of energy on the environment viz a viz steps taken by governmental bodies, corporate bodies and individuals in the management of renewable energy and its impacts on the environment. The nature of renewable energy as a viable alternative to existing energy resources, the available types of renewable energy, the impacts on the environment from the use of renewable energy technologies and the perceived shortcomings in managing the environmental impacts of renewable energy sources are key to proper examination of this study. The essence is to make suggestions for the growth of renewable energy as a viable alternative source of energy without compromising the fragile nature of the environment. 2.1 3.1 KEYWORDS: Environment, Fossil Fuel, Global Warning, Renewable Energy, Environmental impacts, Management. INTRODUCTION The fact that energy plays an important role in the economic growth and development of many nations of the world is not in doubt. It remains the vital force powering businesses, manufacturing, transportation of goods and services and further plays an important role in international diplomacy among nations. Infact, it serves as a tradable Commodity for earning national income, the most important sources of energy and the largest internationally traded commodity. 2 Among the traditional sources of energy, fossil fuel appears to be the most utilized as it provides lighting and power for use in homes and offices, provision of air-conditioned indoor climate, refrigerated storage e.t.c. However, a significant characteristic of fossil fuel is its classification as non-renewable energy resources.3 In otherwords it is finite in nature and its exploration and production cannot certainly be sustained in the long term.4 Secondly and most important to this discourse, the exploration and production of fossil fuel leave in its wake an enormous
* 1. 2. 3. The Writer is a Legal Practitioner residing at Delta State, Nigeria and may be reached by email at stmykel1@yahoo.co.uk. Three major forms of fossil fuel exist, they are: Coal, Oil and Natural Gas. Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 290. A clear example of the finite nature of fossil fuel is seen in the Oloibiri example, a town in Bayelsa State, Nigeria where Oil was first discovered in commercial quantity.Today, exploration and Production activities have since stopped as the oil has dried up. Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 290.

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environmental cost.5 In Nigeria for example, the Country is estimated to have above 104.7 trillion cubic feet of proven gas reserves, which is the tenth largest in the world. 6 A 2001 Survey reported that over 50% of the gas produced (mainly associated gas) was flared7, while a more recent independent estimate suggested that over 90% of all associated gas is routinely flared at production sites.8 Gas flaring9 which contain Carbon Dioxide (CO2), Sulphur Dioxide (S02), Methane (CH4) and Nitrous Oxide (N20) collectively known as Greenhouse Gases10 have been shown to cause acid rain formation and change in the physiochemical properties of the soil.11 These pollutants dissolve in rainwater to form acid rain which causes damage to roofing sheets, leaves, the soil and the ecosystem.12 Gas flaring has also been shown to cause heat and noxious gases which are harmful to human health.13 According to Atsegbua:
Unfortunately, gas flaring is a reoccurring decimal in Nigeria which causes environmental pollution in gas producing communities. Flaring in Nigeria contributes a measurable percentage of the worlds total emissions of green house gases; due to the low efficiency of many of the flares, much of the gas is released as methane.14

Human activity has also increased from an insignificant level two countries ago to over 33 billion tones worldwide today.15 This increase of greenhouse gases is considered by many scientists to contribute to the phenomenon of global warming and could cause unwelcome shifts in regional climates16 which in general parlance is known as climate change.17
5. 6. 7. 8. 9. Ibid Ibid at page 293. Olise, M., and Tonye, N., Overcoming Nigerias Energy Crisis: Towards Effective utilization of Associates Gas and Renewable Energy Resources in the Niger Delta available at http://www.saction.org/home/saction_image/overcoming_nigeria_energy.pdf (accessed March 17, 2011) Ibid By virtue of section 3 (1) of the Associates Gas Re-injunction Act, 1984, No Company engaged in the production of oil & gas shall after 1 January, 1984 flare gas produced in association with Oil without the permission in writing of the Minister under conditions listed in Section 1. Thus, the Section permits continued flaring of gas by Oil Companies if the Minister duly grants a Certificate to that effect. See however, Jonah Gbembre vs. Shell Petroleum Development Co. & 2. Ors (unreported: Suit No. EHC/B/C5/S3/05) where the Federal High Court sitting at Benin-City, Edo State held that section 3(2) of the Associated Gas Re-injection Act and Section 1 of the Associated Gas Re-injection (continued flaming of Gas) Regulations is unconstitutional & contradicts with the right to life of the applicants & thereupon ban gas flaring by the Respondent at Iwhrekan Community in Delta State. Olise, M., and Tonye, N.,Overcoming Nigerias Energy Crisis: Towards Effective utilization of Associates Gas and Renewable Energy Resources in the Niger Delta http://www.saction.org/home/saction _image/overcoming_nigeria_energy.pdf (accessed March 17, 2011) Ibid Ibid Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 293-294. Geological Sequestration at NETL: An overview http://www.netl.doe.gov/../09-2010.html (accessed April18, 2011) Ibid Ibid

11. 12. 13. 14. 15. 16. 17.

Among the impacts of climate change include but is not limited to increasing temperature which is likely to lead to increasing precipitation; heat wave increase, increase intense tropical cyclone activities, increased incidencies of extreme high Sea level, increased and irregular rainfall, erosion and desertification.18 According to one author:
Over the course of the 20th century, evaporation rates have reduced worldwide; this is thought by many to be explained by global dimming. As the climate grows warmer and the causes of global dimming are reduced, evaporation will increase due to warmer oceans. Because the world is a closed system this will cause heavier rain fall with more erosion. This erosion in turn, can in vulnerable tropical areas (especially in Africa) lead to desertification. 19

Atsegbua writing on the effects of green house gases had this to say:
However, human activities are increasing the levels of these gases in the atmosphere, causing an enhanced green house effect that traps more heatit must be stated that not all regions will experience equal warming. Some areas may become much hotter and drier, while others will actually experience cooler whether. Other predicted effects of global warming include melting of the polar ice caps, flooding of coastlines, severe storms, changes in precipitation patterns and widespread changes in ecological balance. Infections disease may increase due to an expansion of habitat for disease vectors like Mosquitoes. Many species may be unable to adapt to such swift changes in the climate and may become extinct.20

The overheating of the Ozone Layer due to gas flaring and emission of greenhouse gases steadily became a global concern, globally, the transportation sector is responsible for about one quarter of CO2 emission. 21 To combat this trend, the United Nations Environmental Program (UNEP) and the World Metrological Organization (WMO) in 1988 set up the Intergovernmental Panel on Climate Change (IPCC) to access the scientific knowledge on global warming. The IPCC concluded in 1990 that there was broad international consensus that climate change was human induced. That report led to an International Convention for Climate Change Known as the United Nations Framework Convention on Climate (UNFCC), 1992. 22 The most successful of them is the 1997 Climate Change Conference of Parties III (COP3), held in Kyoto, Japan. There, developed countries agreed to specific targets for cutting emissions of greenhouse gases. A general framework was defined for this with specifics
18. 19. 20. 21. 22. Increase evaporation http://www.globaliswarming.wordpre.com/2009/05/26/increased-evaporation/ (Accessed April 15, 2011) Ibid Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 273. Ibid at page 294 The UNFCC was signed by over 150 Countries at the Rio Earth Summit in 1992 and adopted in New York on May 9, 1992.

to be detailed over a certain period of time for the protection of the environment. This became known as the Kyoto Protocol.23 The agreement contained flexibility mechanism which defined the different ways to achieve emissions reduction as part of the effort to address climate change issues. These key areas are: (I) Emission Targets24 (ii) Emissions Trading (iii) Joint Implementation and Clean Development Mechanisms. The finite nature of fossil fuel and the problems associated with greenhouse emissions and resulting from global warming and climate change has led nations to look for supplementary or alternative sources of energy that ideally will be non-depletable. These non depletable sources are replenishable and are also referred to as renewable energy sources as they are available in cyclic or periodic basis. 25 They include Solar energy, Wind energy, Hydro energy, Biomass resources etc. The aim of this study is to examine the impacts of these renewable energy technologies on the environment, the management of renewable energy, its problems and to make suggestion for effective minimization of the effects of renewable energy resources use on the environment and the maximization of the benefits associated with renewable energy resources viz a viz the reduction in use of non-renewable fossil fuel. 4.1 NATURE OF RENEWABLE ENERGY RESOURCES. Renewable energy is comes from natural resources. In otherwords renewable energy is energy generated from sources which occurs naturally and repeatedly in the environment.26 According to the World Council of Renewable Energy (WCRE), the renewable energy gotten from non fossil fuel and non-nuclear sources means that its collection, conversion and utilization occur in a sustainable manner that does not have negative impact on the productivity and rights of local communities and natural ecosystems.27 Renewable energy which is derived from constant replenishable natural resources could replace conventional fossil fuel in four distinct areas: power generation, hot water/space heating, transport fuels and rural (off grid) energy services. 28 Renewable energy is said to provide about 18 percent of total electricity generation worldwide and the percentage of energy input vary from country to country. 29 Renewable biofuel has also contributed to a significant decline in Oil consumption in the United State of America since 2006.
23. 24. 25. 26. 27. 28. 29. The United State of America refused to sign the protocol claiming that the US will combat global warming in other ways. Emission reduction targets was placed at a five-year period Sambo, A.S., Renewable Energy for Rural Development: The Nigerian Perspective http://www.Isesco.org.ma/Isesco.Technology.../4.5.../A.S.sambo.pdf (accessed March 16, 2011) Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 295. Olise, M., and Tonye, N., Overcoming Nigerias Energy Crisis: Towards Effective utilization of Associates Gas and Renewable Energy Resources in the Niger Delta available at http://www.saction.org/home/saction_image/overcoming_nigeria_energy.pdf (accessed March 17, 2011). Renewable Energy http://www.answer.com /topic/renewable-energy (accessed March 16, 2011). Ibid

Consequently, the 93 billion litres of biofuel produced worldwide in 2009 displaced the equivalent of an estimated 68 billion litres of gasoline, equal to about 5 percent of world gasoline production.30 While many renewable energy projects are large scale, renewable technologies are also suited to rural and remote areas where energy is often crucial in human development.31 According to Sambo:
The rural areas, which are generally inaccessible due to absence of good road networks, have little access to conventional energy such as electricity and petroleum products. Petroleum products such as kerosene and gasoline are purchased in the rural areas at prices 150% in excess of their official pump prices. The daily needs of the rural populace for heat energy are, therefore, met almost entirely from fuel wood.32

He went further to aver that:

Meanwhile electricity is required for such basic developmental services as pipe borne water healthcare, telecommunications and quality education. The poverty eradication and universal Basic Education (UBE) Programmes require energy for success. The absence of reliable energy supply has not only left the rural populace socially backward but has left their economic potentials untapped. 33

Apart from renewable energy being a cleaner form of energy resources than fossil fuel, it is said to include the simplicity of the technologies, ease of maintenance as well as their enhanced environmental friendliness over fossil fuel systems.34 While it appears the categories of renewable energy resources are not closed, existing renewable energy resources include but are not limited to wind, solar, biomass and hydropower resources.

5.1

ENVIRONMENTAL IMPACTS OF RENEWABLE ENERGY. The point made under this heading is the fact that as with conventional energy sources, there are environmental issues associated with the use of these renewable energy resources and technologies. The existing types of renewable energy and their environmental impacts are discussed below:
30. 31. 32. 33. 34. Ibid Ibid Sambo, Ibid Ibid A. S., Strategic Developments in Renewable Energy in Nigeria http://www.19ee.org/en/publication/newletterdl.aspx?id=75 (accessed March 16, 2011).

I.

WIND ENERGY

Wind energy is a natural phenomenon related to the movement of air masses caused primarily by the differential solar heating of the earths surface.35 The potentials of wind energy is harnessed by use of wind energy conversion systems such as Wind Turbines Wind Generators, Wind Plants, Wind Machines and Wind Dynamos.36 These devices convert the kinetic energy of the moving air to rotary motion of a shaft, that is, mechanical energy.37 The end point of usage of wind energy is viable in the area of water supply and generation of electricity, and it has been said that these end points will be useful for rural areas of developing countries.38 In Nigeria, despite the presence of wind energy resources in the northern states, its potential is largely underutilized in the country. According to Sambo:
Wind energy used to be relied upon in the 1950s and 1960s for provision of water in many locations of the northern part of the country. However, this was largely abandoned when the development of petroleum products reached advanced stages. The development of the Poldow wind pump in Bauchi using locally available materials is surely a move in the right direction. Of course it should be mentioned that there a (SIC) few modern wind water pumps in some part of the Country. There is also one wind electricity generator currently supplying electricity from wind energy at Sayya Gidan Gada in Sokoto State.39

The positive impacts of wind energy are the absence of air pollution, absence of toxic or hazardous substance and pose no threat to public safety.40 However, the impacts of wind energy on the environment are legion. Firstly, in forested areas, it may mean clearing trees and cutting roads, this ordinarily will leads to desert encroachment, soil erosion and loss of soil fertility. Secondly, it is unsightly, noisy and has the potential to reduce property value therefrom. Thirdly, wind propellers have the potential to harm flying animals or electrocute them. For example, in the United States city of California, bird deaths from electrocution or collision with spinning rotors have emerged as a problem at the Altamont Pass Wind Farm where more than 30 threatened golden Eagles and 75 other raptors such as red tailed Hawks died or were injured during a three-year period. 41 Fourthly, wind energy is capable of occupying vast areas of land as wind turbines are spaced a certain distance and all of the land in between are mostly rendered useless. 42 It is however suggested that wind turbines should be situated in the Great Plains or offshore
35. 36. 37. 38. 39. 40. 41. 42. Sambo, A.S., Renewable Energy for Rural Development: The Nigerian Perspective http://www.Isesco.org.ma/Isesco.Technology.../4.5.../A.S.sambo.pdf (accessed March 16, 2011) Sambo, A. S., Strategic Developments in Renewable Energy in Nigeria http://www.19ee.org/en/publication/newletterdl.aspx?id=75 (accessed March 16, 2011). Ibid Sambo, A.S., Renewable Energy for Rural Development: The Nigerian Perspective http://www.Isesco.org.ma/Isesco.Technology.../4.5.../A.S.sambo.pdf (accessed March 16, 2011) Ibid Environmental impacts of Renewable Energy Technologies http://www.UCSUSA.org/clean_energy/technology_and_impacts_of.html (accessed March 16, 2011). Ibid Ibid 6

where wind energy resources potential exist largely and 90% greater than that of land. 43 Where wind energy turbines are located on arable land areas, it is further suggested that

farmers be allowed to plant crops right up to the base of turbine towers, while cows could also graze under the turbines in non-farmed arable grassland. This is the practice in Europe an America.44 II. SOLAR ENERGY Solar energy is derived from the sun through the form of solar radiation.45 It involves the direct utilization of the suns radiant energy as it reaches the earth and could be used in variety of forms. 46 According to Sambo solar energy is the most promising of the renewable energy sources in view of its apparent limitless potential.47 The sun radiates its energy at the rate of about 3.8 x 1023 KW per seconds.48 Most of this energy is transmitted radically as electro magnetic radiation which comes to about 1.5 KW/M2 at the boundary of the atmosphere.49 Solar energy technologies are divided into two broad groups namely: solar thermal and solar photovoltaic. In solar thermal applications; solar energy, as electromagnetic waves is first converted into heat energy. The heat energy may then be used either directly as heat, or converted into cold or even into electrical or mechanical energy forms.50 Solar thermal applications could be used for drying, cooking, heating, distillation, cooling and refrigeration as well as electricity generation in thermal power plants.51 In solar photovoltaic application, the solar radiation is converted directly into electricity. On the whole the major components of the photovoltaic system include the array which consist of the photovoltaic conversion devices their interconnections and support, power conditioning equipment that converts the Direct Current (DC ) to Alternative Current (AC) and provides regulated outputs of voltage and current.52 Solar electricity may be used for power supply to remote villages and locations not connected to the national grid. It may also be used to generate power for feeding into the national grid.53 Other areas of application of solar electricity include low and medium power application such as: water pumping, village electrification, rural clinic and schools power supply, vaccine refrigeration, traffic lighting and lighting of road signs e.t.c.
43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. Renewable Energy http://www.answer.com /topic/renewable-energy (accessed March 16, 2011). Environmental impacts of Renewable Energy Technologies http://www.UCSUSA.org/clean_energy/technology_and_impacts_of.html (accessed March 16, 2011). Renewable Energy http://www.answer.com /topic/renewable-energy (accessed March 16, 2011). Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 298. Sambo, A.S., Renewable Energy for Rural Development: The Nigerian Perspective http://www.Isesco.org.ma/Isesco.Technology.../4.5.../A.S.sambo.pdf (accessed March 16, 2011) Ibid Ibid Ibid Ibid Ibid Sambo, A. S., Strategic Developments in Renewable Energy in Nigeria http://www.19ee.org/en/publication/newletterdl.aspx?id=75 (accessed March 16, 2011).

The positive impacts of solar energy use on the environment have been described as unpolluting, safe and cheap to maintain.54 However, since solar energy technology does not generate air pollution during operation, its negative environmental health and safety

issues concern how they are manufactured, installed and disposed off. Firstly, energy is required to manufacture and install solar components, and any fossil fuel used for this purpose will generate emission. 55 Materials used in some solar systems can create health and safety hazards for workers and any one else coming in contact with them. In particular, manufacturing of photovoltaic cells often requires hazardous materials such as Arsenic and Cadmium and could be hazardous to workers if it is breathed in. Thus workers involved in manufacturing photovoltaic modules and components must consequently be protected from exposure to these materials. However through effective regulation, the dangers can very likely be kept at a very low level.56 It also been argued that the large amount of land required for utility-scale solar power plants which is approximately one square kilometer for every 20-60 megawatts poses an additional problem, especially where wildlife protection is a concern.57 Despite the above, the use of solar energy will reduce the dependence on fossil fuel which is the main agent of carbon dioxide (CO2) emissions. It is however the most friendly renewable energy source for rural areas. III. HYDRO POWER Hydro Power system relies on the potential energy difference between the levels of water in reservoirs dams or lakes and their discharge tail water levels downstream.58 Hydro electric power is generated by water flowing from a high level to a low level, at a high efficiency.59 In order to generate electricity, water is allowed to flow from the high level through a device which converts the kinetic energy of the water into rotational kinetic energy of a rotor which is linked to a generator to produce the required electricity.60 There are three areas in which water may be used for the direct production of electricity: hydroelectric schemes, tidal power, and wave power.61 In Nigeria, only hydro power is in use despite the fact of the country having been blessed with many water systems. 62 * The Kainji Dam Hydro Electric Power Station on the River Niger, the Shiroro Dam, Jebba
54. 55. 56. 57. 58. 59. 60. 61. 62. Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 298 Environmental impacts of Renewable Energy Technologies http://www.UCSUSA.org/clean_energy/technology_and_impacts_of.html (accessed March 16, 2011). Ibid Ibid. Sambo, A.S., Renewable Energy for Rural Development: The Nigerian Perspective http://www.Isesco.org.ma/Isesco.Technology.../4.5.../A.S.sambo.pdf (accessed March 16, 2011) Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 297 Ibid. Ibid. 8 Ibid.

Dam and Mandila Dam all add up to generate electricity for the National Grid. Despite the existence of these hydropower stations, the use of hydropower in Nigeria as an energy

source is minimal when compared with the enormous energy potentials that the country can harness from the use of hydropower sources. Hydro electric systems vary in size and application. Micro hydroelectric plants are the smallest types of hydroelectric systems.63 They can generate between 1 KW and 1MW of power and are ideal for powering smaller services such as processing machines, small farms and Communities. Large hydroelectric systems can produce large amounts of electricity. These systems can be used to power large Communities and cities. 64 Hydropower plants have the benefits of leaving no air Pollution or greenhouse gases emissions on the environment.65 Hydropower is a clean, domestic, and renewable source of energy and does not destroy water during production of electricity. 66 The principal advantage of using hydropower are its large renewable domestic resource base, the absence of polluting emissions during operations, its capacity in some cases to respond quickly to utility load demands and its very low operation costs. Hydroelectric Projects also include beneficial effects such as recreation in reservoirs or in the water below dams.67 Among the problems that have been demonstrated by hydroelectric power use is significant change in water quality. 68 Because of the nature of hydroelectric systems, the water often takes on a higher temperature, loses oxygen content, experiences situation and gains in phosphorous and nitrogen contents.69 Another major problem is the obstruction of the river for aquatic life. *Hydropower often entails changes to the natural variations in the water in a watercourse. The most obvious effect is that fish are blocked from moving up and down the river.71 BIOMASS Biomass refers to energy derivable from sources of plant origin such as trees, grasses, agricultural crops and their derivatives, as well as animal wastes.72 Biomass is a renewable energy source because the energy it contains comes from the Sun. Through the process of photosynthesis, plants capture the Suns energy. When the Plants are burned, they release the Suns energy they contain. In this way biomass functions as a sort of natural Battery for storing solar energy.73 Biomass resources are considered renewable as they are naturally occurring and when properly managed, may be harvested without significant depletion.
63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. Ibid. (accessed March 16, 2011). Ibid. Environmental impacts of Renewable Energy Technologies http://www.UCSUSA.org/clean_energy/technology_and_impacts_of.html Ibid. Ibid. Problems with hydroelectric power http:// www.library.thinkquest.org.12033/types/(accessed on April15, 2011) Ibid Environmental impacts of Renewable Energy Technologies http://www.UCSUSA.org/clean_energy/technology_and_impacts_of.html (accessed March 16, 2011). Ibid Sambo Strategic 9 Answers. Com

IV.

In Nigeria, biomass resources available in the country include Fuel wood, Sugarcane, Cassava and other agricultural produce and agricultural wastes, crop residues, sawdust and wood shavings, animal dung and poultry droppings, industrial effluents and municipal solid waste.74 While the use of biomass may be a vital alternative to fossil fuel use and its attendant carbon emission problems, biomass use has its own environmental problems. In Nigeria for example, fuel wood was found to be the predominant energy source for households especially in the rural areas as about 70-80% of households depend on fuel wood as their cooking fuel. The consequence of this to the natural environment is that unchecked felling of trees to provide the fuel wood leads to and exacerbate desert encroachment, soil erosion and loss of soil fertility problems. 75 According to Sambo
Fuel wood is used by over 60% of Nigerians living in the rural areas. Nigeria consumes over 50% millions metric tones of fuel wood annually, a rate, which exceeds the replenishment rate, through various afforestation programmes. Sourcing fuel wood for domestic and commercial uses is a major cause of desertification in the arid- zone states and erosion in the Southern part of the Country. The rate of deforestation is about 350,000 hectares per year which is equivalent to 3.6% of the present area of forests and woodlands whereas reforestation is only at about 10% of the deforestation rate. 76

It is therefore suggested that tree planting replacement procedure be adopted to help in replenishing felled fuel wood & reduce the rate of erosion and desertification that is the natural consequence of over reliance on fuel wood as an alternative source of energy and or renewable energy. Biomass power, derived from the burning of plant matter, raises more serious environmental issues than any other renewable resource except hydropower.77 Combustion of biomass and biomass-derived fuel produces air pollution; beyond this, there are concerns about the impacts of using land to grow energy crops. 78 How serious these impacts are will depend on how the resources are carefully managed. The picture is further complicated because there is no single biomass technology, but rather a wide variety of production and conversion methods, each with different environmental impacts.79 Generally the major environmental problems of renewable energy production, distribution and consumption are deforestation, air pollution and land pollution as well as flooding. Excessive fuel wood consumption arising from population growth contributes
74. 75. 76. 77. 71. 78. 79. Sambo strategic. 16 Sambo perspective 13. Sambo, A. S., Strategic Developments in Renewable Energy in Nigeria http://www.19ee.org/en/publication/newletterdl.aspx?id=75 (accessed March 16, 2011). Environmental impacts of Renewable Energy Technologies http://www.UCSUSA.org/clean_energy/technology_and_impacts_of.html (accessed March 16, 2011). Ibid Ibid Ibid.

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to deforestation and distortion of the forest reserves leading to soil erosion, desert encroachment and loss of soil fertility. However, the environmental impacts of renewable energy are cleaner, better and less carbon emission releasing than fossil fuel impacts on the environmental. If fully harnessed, renewable energy sources present a viable alternative to fossil fuel and other conventional energy sources. Harnessing the potential of renewable energy sources to its full maximum is a by-product of good management procedures and policies. This will increase the environmental friendly nature of renewable energy technologies and decrease the negative environmental impacts traceable from the use of the renewable alternative sources. 6.1 MANAGEMENT OF RENEWABLE ENERGY This is concerned with policies and procedures laid out to promote this use of renewable energy and decrease the use of fossil fuel and its negative environmental impacts. At the international level, management of renewable energy resources is centred on the need to reduce emissions arising from fossil fuel use and the need to combat the earlier mentioned problems of green house emissions and climate change. To this end several Conventions and Declarations have been made and entered into. At the United Nation Framework Convention on Climate Change.80 The Convention principle states that any policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. The steps to encourage alternatives sources of energy were made part of the discussions at the 1997 Kyoto Protocol to the United Nations Conference on Climate Change. Article 2 (1) (a) (I) and (IV) Of the Protocol charged developed countries to harness the possibilities of renewable energies as follows: Article 2 1. Each party included in Annex 1, in achieving its quantified emission limitation and reduction commitments under Article 3, in order to promote sustainable development, shall:

(a)

Implement and/or further elaborate policies and measures in accordance with its national circumstance , such as :

(I)

Enhancement of energy efficiency in relevant sectors of national economy. (IV) Research on, and promotion, development and increased use of new and renewable forms of energy, of carbon dioxide sequestration technologies and of advanced and innovative environmentally sound technologies;

and

80.

Held at Rio de Janeiro, Brazil, 1992.

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These provisions serve as a boast to existing renewable energy practice in different countries of the world. Apart from the above, the International Renewable Energy Agency (IRENA) which is an organization for promoting the adoption of renewable energy worldwide was formed.81 The aim of the agency is to provide concrete policy advice and facilitate capacity building, technology transfer and to promote renewable energy use.82 In different Countries of the world, legislative frameworks have been implemented to promote, manage, improve and develop renewable energy technologies. The United State has made the greatest contribution to date in this field in terms of the volume of domestic legislation, although significant contributions have also been made by Australia, Japan and certain countries of the European Union. 83 As part of the management of renewable energy, the Energy Charter Treaty 1995 was passed and it provides in Article 19(1) (d) requiring all parties to the Treaty to:
have particular regard to improving energy efficiency, to developing and using renewable energy sources, to promoting the use of cleaner fuels and to employing technologies and technological means that reduce pollution.

This obligation is reinforced under the Energy Charter protocol on Energy Efficiency and Related Environmental aspects.84 Articles 3 of the Protocol establishes certain basic principles of which the most important in the present context are as follows: Contracting parties shall cooperate and, as appropriate assist each other in developing and implementing energy efficiency policies, laws and regulations.
(1)

Contracting parties shall establish energy efficiency policies and appropriate legal regulatory frameworks which provokes, inter alia:
(2)

(a)

efficient functioning of market mechanisms including market oriented price formation and a fuller reflection of environmental costs and benefits; reduction of barriers to energy efficiency, thus stimulating investments, mechanisms for Financing energy efficiency initiatives; education and awareness; dissemination and transfer of technologies, transparency of legal and statutory frameworks.

(b) (c) (d) (e) (f) (3)

Contracting parties shall strive to achieve the full benefit of energy efficiency throughout the Energy Cycle. To the end they shall, to the best of their competence, formulate and implement energy efficiency policies and

81. 82. 83. 84.

Formed on January, 2009. 75 Countries signed the charter of IRENA. As of March 2010, IRENA has 143 member states. Renewable Energy http://www.answer.com /topic/renewable-energy (accessed March 16, 2011). Bradbrook A.J., A legislature Framework for Renewable Energy and Energy Conservation Journal of Energy & Natural Resources Law 15(4) (1997), 313 at 314. Ibid.

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cooperative or coordinated actions based on cost-effectiveness and economic efficiency, taking due account of environmental aspects. In the European Union, renewable energy is a high priority not only because of the need to meet the Kyoto targets, but also because renewable energy will ensure security of supplies that comes through diversification of resources.85 The EC Renewable Energy Directive requires member states to set targets for the consumption of electricity produced from renewable sources.86 The UK Government based on the directive set by target to ensure that renewable energy account for 10 percent of the total energy consumption by 2010 and it is expected to double by the year 2020.87Part of the UK management of renewable energy obligations require electricity suppliers to make available to consumers a proportion of electricity generated from eligible renewable energy sources.88 The instrument to fulfill these policy objectives was the Renewables Obligation Order, 2002 made pursuant to the section 32 Of the United Kingdom Electricity Act 1982.89 It should be noted that the essence of the above policy objectives and the management of it is targeted at reducing emission of carbon dioxides and its greenhouse effects on the environment and to manage responsibility, the environmental impacts of renewable energy technologies. In Nigeria, heavy reliance is still placed on fossil fuel for generation of electricity and energy related ventures. Apart from hydro energy which has been minimally harnessed, the potential of using renewable energy sources to reduce the effects of carbon emission on the Nigerian environment is still at its dream stage. Infact, Nigeria flares more gas than any other country in the world.90 Apart from oil, gas and coal they are other sources of energy in Nigeria which are inexhaustible and environmentally friendly. Nigerias Climate has this capacity to sustain Hydro Power, Solar Energy, biomass and wind energy. However, the Government of Nigeria has done very little to suggest an understanding of the need for the action on developing renewable technologies. The National Energy Policy on Renewable Energy provides for development and harnessing of the renewable energy resources of the country and these of same to promote decentralized energy supply.91 The development and
85. 86. 87. 88. 89. Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 295. Ibid Ibid Ibid Ibid

90. 91.

Olise, M., and Tonye, N., Overcoming Nigerias Energy Crisis: Towards Effective utilization of Associates Gas and Renewable Energy Resources in the Niger Delta http://www.saction.org/home/saction_image/overcoming_nigeria_energy.pdf (accessed March 17, 2011). Ibid.

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promotion of renewable energy technologies in the country today is the responsibility of the Energy Commission of Nigeria. Management of renewable energy technologies in Nigeria is still controlled by agencies of the Federal Government. The existing energy regulatory agencies in Nigeria92 include the follows: 1. The Federal Ministry of Energy The Federal Ministry of Energy, concerned with formulation of policies for oil, gas, electric Power including the Policy on renewable electricity. It is part of the function of the Ministry to promote, monitor, evaluate and assess the policy implementation of renewable energy utilization in Nigeria. 2 National Electricity Regulatory Commission The National Electricity Regulatory Commission was established in 2005 to regulate all activities and practices associated with electricity installation, generation, transmission and distribution in addition to suggesting new and alternative modes of electricity generation to ensure the full use of resources to provide electricity services. 3. Rural Electrification Agency The Rural Electrification Agency was established in 2005 for the purpose of extending the national grid, facilitating independent off-grid systems, generating renewable energy power and coordinating renewable resources electricity activities among state and federal agencies. 4. Energy Commission of Nigeria This Commission was established by the Federal Government of Nigeria in 1972 to conduct strategies, planning and co-ordinate all national policies in the field with a view to making sure that the sector benefits the Government citizens and private enterprises in an environmentally responsible manner. Despite the existence of these agencies in Nigeria, managerial efforts of renewable energy implementation as a means of environmental protection have not been effective. Thus, leading analysis to say that there is presently no detailed and comprehensive policy for renewable energy in Nigeria.93 This has left the use of renewable resources without control and thereby leaving the environment at the whims & caprices of unchecked and ill managed resources use. I.e. tree lumbering for fuel wood.

92.

Olise, M., and Tonye, N., Overcoming Nigerias Energy Crisis: Towards Effective utilization of Associates Gas and Renewable Energy Resources in the Niger Delta available at http://www.saction.org/home/saction_image/overcoming_nigeria_energy.pdf (accessed March 17, 2011). Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 304.

93.

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7.1

CHALLENGES IN MANAGEMENT OF THE ENVIRONMENTAL IMPACTS OF RENEWABLE ENERGY As earlier observed, part of the steps taken to combat global warming and climate change was the 1997 Kyoto Protocol which set emission limitation standards on developed countries based on their differentiated responsibility to protect the environment. However, the United States of America which contributes about 25 percent of global emission of carbon dioxides refused to ratify the Protocol because it is not to their benefit as signing the protocol would mean a setback in their industrialization and economic process.94 The essence of the Protocol is to cut down emissions of Carbon dioxide and five other green house gases whether arising from fossil fuel use or renewable energy sources. The objection of the United States of America no will no doubt act as a challenge to the management of global environmental impacts of all sources of emission inclusive of renewable energy sources. Treaties even when signed at the international level do not apply automatically in member countries unless ratified by the legislature of most Countries. These Countries may still refuse to ratify the Treaty into their existing laws thereby leaving them in their internal application as mere soft laws. 95 In Nigeria, apart from the absence of detailed and comprehensive policy for renewable energy, there is no legislative framework to regulate, if any, the use of renewable energy resources and its environmental impacts. This is the resultant effect of the lack of political will to address renewable energy issues; over concentration on the use of fossil fuel, lack of private sector participation in the regulation of renewable energy technologies, inadequate funding which in turn affects training and information dissemination on renewable energy possibilities. Corruption and embezzlement of funds is another bane of the management of renewable energy. According to Akinbami, Key barriers to Renewable Energy utilization in Nigeria include
Technological incapability, high cost of energy infrastructure, financial constraints, low level of public awareness, and inadequate implementation of national energy Policy.96
94. 95. Atsegbua, L., Akpotaire, V., and Dimowo, F., Environmental Law in Nigeria: Theory and Practice (Benin: Ambik press, 2010), 279. For example, Section 12 (1) of the Constitution of the Federal Republic of Nigeria, 1999 provides that no treaty between the federation and any other country shall have the

force of law except to the extent to which any such treaty has been enacted into law by the National Assembly 7. 96. Discussed by Olise, M., and Tonye, N., Overcoming Nigerias Energy Crisis: Towards Effective utilization of Associates Gas and Renewable Energy Resources in the Niger Delta available at http://www.saction.org/home/saction_image/overcoming_nigeria_energy.pdf (accessed March 17, 2011).

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In the words of Sambo:

The major barriers militating again the adoption of more energy efficient Practices in Nigeria can be identified as follows:(a) (b) (c) Lack of awareness of the potentials and importance of renewable energy efficiency; Lack of skilled manpower to carry out energy audit studies; and Lack of awareness of potential alternatives such as renewable energy technologies. 97

The above challenges have acted as a clog in the wheel of progress of renewable energy utilization and management. If the above problems can be overcome generally, the impacts of renewable energy on the environment can be efficiently controlled as against the environmental impacts of fossil fuel use. 8.1 RECOMMENDATION To fully harness the potentials of renewable energy, the following suggestions and recommendation are herein put forward. 1. There is need for each country to put in place separate National Legislative and policy Framework for renewable energy improvement and management. Law as an instrument of social engineering will be relevant to overcome the above challenges encountered with the management of renewable energy impacts on the environment. In a Country like Nigeria where there is no detail and comprehensive renewable energy policy, the presence of a legislative framework would create the enabling environment for renewable energy growth Such renewable energy legislative framework should include and provide for identification of the existing types of renewable energy sources and promotion of their use within the context of the Laws regulating electricity generation; the law should also prescribe product safely standard relating to the manufacturer, installation and operation of renewable energy technologies. 98 The legislative framework should also provide for prescription of offences and punishments for non compliance with standards set therein. Need for the creation of Renewable Energy Agencies or Commission vested with rights and duties to initiate policies and enforce the provisions of the law. This

2.

Agency must work in conjunction with the National Environmental Standards Regulation and Enforcement Agency (NESREA) which is the major
97. 98. Sambo, A.S., Renewable Energy for Rural Development: The Nigerian Perspective http://www.Isesco.org.ma/Isesco.Technology.../4.5.../A.S.sambo.pdf (accessed March 16, 2011) 14. Bradbrook A.J., A legislature Framework for Renewable Energy and Energy Conservation Journal of Energy & Natural Resources Law 15(4) (1997), 313 at 322.

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environmental protection agency for protection of the environment in the case of Nigeria. This is necessary to check the impacts of renewal energy resources use on the environment. 3. 4. 5. 6. 7. 8. Need for environmental impacts assessment to be made as an important part of the renewable energy policy. Need for tax incentives to be granted to renewable energy promotion companies seeking investment in Nigeria. Conduct of a resource Survey and assessment to determine the total existing potentials of types of renewable energy sources in the country. Establishment of testing and standard laboratory for renewable energy technologies in Nigeria. Establishment of renewable energy funding/financing agency. Apart from putting in place legislative frameworks for renewable energy development, Implementation and enforcement of the policies and laws must be seen as important and given attention to else the presence of the laws will be rendered ineffective.

9.1

CONCLUSION It is believed that a sincere adoption of the above suggestions and recommendations will apart from helping to improve the use of renewable energy sources present in the country, also help in the management of the positive and negative impacts of renewable energy especially in Nigeria, and also help to significantly decrease the use of fossil fuel and its impacts on the environment. The presence of a concrete legislative framework and enforcement of it will act as a foundation upon which renewal energy use will be built upon in order to reduce the present over reliance on fossil fuel. Once this is done, the negative impacts of fossil fuel use will be on an inevitable decline which in turn will produce the greener environment we seek to achieve.

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REFERENCES
Atsegbua, L., etal, Bradbrook A.J., Environmental Law in Nigeria: Theory and Practice Benin: Ambik press, 2010, 290. A legislature Framework for Renewable Energy and Energy Conservation Journal of Energy & Natural Resources Law 15(4) (1997), 313 at 322. Overcoming Nigerias Energy Crisis: Towards Effective utilization of Associates Gas and Renewable Energy Resources in the Niger Delta http://www.saction.org/home/saction_image/overcoming_nigeria_energy. pdf (accessed March 17, 2011) Renewable Energy for Rural Development: The Nigerian Perspective http://www.Isesco.org.ma/Isesco.Technology.../4.5.../A.S.sambo.p df(accessed March 16, 2011) Strategic Developments in Renewable Energy in http://www.19ee.org/en/publication/newletterdl.aspx?id=75 March 16, 2011). Nigeria (accessed

Olise, M., and Tonye, N.,

Sambo, A.S.,

Sambo, A. S.,

Environmental impacts of Renewable Energy Technologies http://www.UCSUSA.org/clean_energy/technology_and_impacts_of.html (accessed March 16, 2011).

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ENVIRONMENTAL IMPACTS OF RENEWABLE ENERGY: MANAGEMENT DILEMMA

ASSIGNMENT SUBMITTED AT THE FACULTY OF LAW, UNIVERSITY OF BENIN, NIGERIA. (2009/2010 SESSION). BY EFEAKPOR OGHENERUONA MICHAEL ESQ. MODULE: ENVIRONMENTAL LAW
LECTURER: DR. (MRS) VIOLET AIGBOKHAEVBO

APRIL 29, 2011.

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