Journal of Energy & Natural Resources Law (JERL)

Five years ago, in January 2021 to be exact, I authored an editorial titled ‘The United States Re-engages with the World on Climate Change. But the Question Remains: Is the US a Dependable Long-Term Partner?’Footnote1 The editorial was published just as the administration of former President Joseph R Biden Jr was set to take office. In the editorial, I described the three decades long (ie 1990s–2010s) whipsaw of back and forth climate change policy beginning with former President George HW Bush and ending (at that point) with the newly elected President Biden. With what I hoped was a reasonable amount of modesty, I avoided directly answering the question.

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As of 2023, all Association of Southeast Asian Nations member states (AMS) have ratified the 2015 Paris Agreement and submitted their Nationally Determined Contributions (NDCs). The majority of these NDCs acknowledge the critical role of subnational governments in fulfilling their climate commitments. This research examines the scope of subnational climate regulations and policies through case studies in Indonesia and the Philippines. The findings reveal that in both countries, subnational climate regulations and policies fall short of matching the ambition of the national NDCs. The research identifies several factors contributing to this gap, including: (i) regulations being introduced superficially; (ii) slow transmission of policies from national to subnational levels; (iii) a focus on short-term projects; (iv) a lack of prioritisation of climate issues; (v) limited understanding and awareness of climate change impacts at the local level; and (vi) the absence of a clear framework for integrating other non-state actors.

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In this article, we contribute to the legal scholarship on the interaction between EU data governance and electricity legislation, analysing the impact the Data Act could have on the sharing of metering and consumption data of electricity consumers with energy service providers for the provision of flexibility services. Specifically, we focus on the provisions of the Data Act regarding the sharing of data from ‘connected products’ and whether and how they impact the way in which smart meters and dedicated measurement devices are treated under sectoral EU electricity legislation, highlighting the uncertainty regarding the application of the Data Act and pointing out new rights and obligations which could derive from such application./p>

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The global shift to cleaner energy has increased the demand for critical transition minerals like lithium, cobalt and rare earth elements, essential for clean energy technologies. Policymakers face challenges in assessing these minerals’ criticality amid supply/demand imbalances and reliance on a few countries for production. Drawing on the literature on strategic rivalry, this article explores how changing geopolitical realities have led to the emergence of protective measures in nations with market dominance. It also examines the strategic responses of key players – the US, EU and China – through their national policy and regulatory frameworks to address supply security.

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Governments and corporate actors around the world are setting ambitious targets for mitigating climate change and halting and reversing the destruction of nature. The public – individuals, communities, and corporate and non-government organisations – expect these commitments to be achieved, so corporate claims about climate and nature are, increasingly, being closely scrutinised. Representations and commitments about climate or environmental credentials that are false, misleading, or unsubstantiated have come to be known as ‘greenwashing’. Greenwashing can undermine the integrity of initiatives to achieve climate and sustainability targets, and the credibility of both corporate perpetrators and the regulatory framework itself. In this paper, we examine the Australian legal framework and reforms that are currently underway, along with key developments overseas. We propose a series of legal principles that, together, can help to promote a ‘best-practice’ approach to greenwashing, as governments, corporations, and broader civil society respond to the twin crises of climate change and environmental loss.

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Australia’s hydrogen sector was once a bipartisan ambition, framed as both a clean energy solution and economic opportunity. In recent years, hydrogen policy has become a political battleground, reflecting broader divisions over Australia’s energy transition. This commentary traces the evolution of Australia’s hydrogen regulation, comparing Coalition and Labor approaches, and examining how shifting political priorities and stakeholder influence have shaped key initiatives. Analysing this policy trajectory is vital given Australia’s position as a major fossil fuel exporter now seeking to reposition itself in a competitive global clean energy market. Despite growing international interest in hydrogen, limited scholarship has examined how political volatility and regulatory fragmentation have affected Australian policy outcomes. This commentary addresses that gap and concludes with reform options to support greater regulatory coherence, institutional stability and investment confidence.

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Book review of Principles of International Energy Transition Law: Law as an Instrument of Development in the 21st Century by Frédéric G. Sourgens and Leonardo Sempertegui, Oxford, Oxford University Press, 2023, 400 pp, £73.34 (ebook), £110.00 (hardback), ISBN 978-0191987717 (ebook), ISBN 978-0198876083 (hardback), doi:10.1093/law/9780198876083.001.0001

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Book review of Energy Dependence and Supply Security: Energy Law in the New Geopolitical Reality by Anatole Boute, Oxford, Oxford University Press, 2023, 272 pp, £90.00, ISBN 978–0–19–889047–8

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Book review of The Oxford Handbook of Environmental and Natural Resources Law in India edited by Philippe Cullet, Lovleen Bhullar, and Sujith Koonan, Oxford, Oxford University Press, 2024, 880 pp, £146.00 (hardback), ISBN 9780198884682

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Book review of Islamic sustainable finance, law and innovation: opportunities and challenges edited by Nadia Mansour and Lorenzo Mateo Bujosa Vadell, Cham, Springer Nature Switzerland, 2023, 562 pp, EUR181.89 (eBook), ISBN 9783031278600

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