San Diego Journal of Climate & Energy Law
Abstract
The goal of this Article is threefold: first, to explain why clean hydrogen has become a key part of the United States’ decarbonization plans in recent years; next, to describe the existing and forthcoming U.S. policies and programs designed to incentivize and enable the growth of the domestic clean hydrogen market; and finally, to examine whether the U.S. is deploying the correct legal tools to successfully unlock the decarbonization potential of the clean hydrogen industry.
Section II explains the decarbonization potential of hydrogen, including an overview of U.S. emissions today and a background discussion of what hydrogen is, how it is produced, and some of its complications. This is followed by an introduction to some strategic economic opportunities for clean hydrogen, including as high-temperature heat for the industrial sector, fuel for heavy-duty and long-range transportation, and long-term storage for the power sector.
Section III provides an overview of recent federal policies and programs related to hydrogen. The “Hydrogen Shot” is a cost-reduction goal announced by the United States Department of Energy (“DOE”) in July 2021. The Infrastructure Investment and Jobs Act of November 2021 (“IIJA”) contains key climate provisions, such as the “clean hydrogen” definition, the “Regional Hub Program,” and several other important research and development programs. The Inflation Reduction Act of August 2022 (“IRA”) provides unpredecented public funding for clean energy, including clean hydrogen, in the form of clean energy investment and production tax credits. Lastly, the DOE outlined a federal strategy in the U.S. National Clean Hydrogen Strategy and Roadmap, which was published in final form in June 2023.
Section IV discusses some of the legal considerations relevant to the expansion of clean hydrogen in the U.S., including a review of the legal instruments the federal government has deployed to date, and a discussion of some of the environmental and practical challenges relevant to the widescale deployment of clean hydrogen.
Recommended Citation
Miranda Barfield,
The Role of Clean Hydrogen in the U.S. Transition to a Net-Zero-Carbon Economy,
15
San Diego J. Climate & Energy L.
1
(2024)
Available at:
https://digital.sandiego.edu/jcel/vol15/iss0/2