Implementing "Energy Communities"

January 2025
Citation:
55
ELR 10029
Issue
1
Author
Uma Outka

President Biden’s 2021 Executive Order No. 14008 created a new federal legal concept of “energy communities.” The Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA) further defined this term, with an emphasis on historical dependence on fossil energy industries. This Article summarizes and assesses current law for “energy communities” in the United States, with an emphasis on recent developments and early implementation efforts. Following a brief overview, it explains how this conception of “energy communities” overlaps with, but is distinct from, other closely related definitions of communities in need of socioeconomic supports or revitalization. It then assesses the complexity, challenges, and progress to date toward implementation of the newly defined concept. With the recent election, many speculate about the durability of the IIJA and the IRA, but it is noteworthy that “energy communities” and their need for economic revitalization have enjoyed bipartisan recognition.

Uma Outka is the William R. Scott Law Professor at the University of Kansas School of Law.