Keywords

1 Introduction

The urgent global shift towards renewable energy sources, driven by the pressing need to mitigate climate change and reduce environmental degradation, has put the spotlight on the critical role of energy storage. The intermittent nature of renewables inevitably requires renewable power generation infrastructure to work along with energy storage facilities, mainly batteries. However, the widespread use of lithium-ion batteries for this purpose poses considerable environmental concerns. In the pursuit of energy justice, it is fundamental for scholars and policymakers to critically evaluate technologies within the energy sector, including every solution associated with renewable technologies. The principles of energy justice—distributive, procedural, recognition, restorative and cosmopolitan justice—function as a rigorous lens through which the actuality of each situation is assessed. The use of the energy justice framework can help to avoid the repetition of past mistakes, such as the hasty adoption of environmentally damaging technologies.

In particular, the energy justice framework encourages us to question the widespread integration  of technologies with potential environmental drawbacks, such as certain types of batteries. This calls for an  exploration of cleaner and  more sustainable alternatives for energy storage. The objective is to provide policy recommendations that facilitate a just transition in the renewable energy sector, one that prioritises sustainability and equity over mere expediency. With this approach, energy justice can help to ensure that the energy sector evolves in a manner that is both sustainable and equitable.

2 Applying the Energy Justice Framework to Energy Storage

Energy justice is an emerging framework that demands equitable access to affordable, reliable, and sustainable energy services for all individuals and communities.Footnote 1 This multi-disciplinary concept transcends the boundaries of environmental, climate, and social justice, offering a comprehensive perspective to address the multifaceted challenges associated with energy.Footnote 2

2.1 Distributive Justice

Distributive justice requires a fair allocation of both the advantages and disadvantages of energy production and consumptionFootnote 3 In the context of energy storage, this principle necessitates that the environmental and social consequences of batteries—from resource extraction to disposal—should not be unequally borne by specific communities.

The Global North has a poor track record in terms of exporting hazardous waste to Global South.Footnote 4 This practice is seen as a method of shifting recycling and waste recovery responsibilities on to Global South.Footnote 5 Without adequate waste disposal, batteries can have devastating environmental and social consequences. Distributional justice demands fair policies to prevent such shift in environmental responsibilities.

On the other hand, pumped hydroelectric storage (PHS), thermal energy storage (TES), and compressed air energy storage (CAES), though requiring specific geographical or technological conditions, offer sustainable and less environmentally damaging solutions, thus better adhering to the principle of distributive justice.Footnote 6 Moreover, TES, CAES, and PHS have significantly longer lifespan compared to conventional battery storage (see Table 29.1).

Battery storage, while efficient and scalable, introduces significant environmental challenges, from the extraction of raw materials to the disposal of dead batteries.Footnote 7 However, TES, CAES, and PHS promise a more equitable distribution of environmental burdens. TES, for instance, leverages natural temperature differences for storage and retrieval, minimising environmental impact. CAES, while requiring suitable geological formations, makes efficient use of surplus energy and minimises wastage. PHS, though geographically dependent, harnesses the power of gravity, reducing reliance on environmentally taxing materialsFootnote 8 (see Table 29.1).

2.2 Procedural Justice

Procedural justice demands the inclusion of all stakeholders in decision-making processes relating to energy matters.Footnote 9 For energy storage systems, procedural justice requires the participation of diverse stakeholders, including local communities, environmental organisations, and the energy industry, in decisions regarding the manufacturing, use and disposal of energy storage technologies.

Procedural justice necessitates engagement at the international, national, and local levels. Considering the limited scope of policy deliberations at the international level, extending beyond academic circles, the demand for comprehensive waste management policies becomes even more pressing. Upon examining global initiatives like the Conference of the Parties (COP) meetings, it is evident that minimal to no discourse is dedicated to the potential environmental harm caused by batteries.

Procedural justice emphasises transparency, inclusivity, and fairness in decision-making processes. Battery technologies have faced scrutiny for opaque supply chains and the hidden environmental impact of their life cycle. In contrast, pumped hydroelectric storage (PHS), thermal energy storage (TES), and compressed air energy storage (CAES) can better facilitate procedural justice. For example, the implementation of PHS and CAES projects often involves public consultation processes during site selection and operation, ensuring local communities have a say in projects that directly impact them. Meaningful involvement of affected communities in decision-making is an essential component of procedural justice. TES, CAES, and PHS offer more community involvement in site selections and operations, compared to centralised decision-making.

2.3 Recognition Justice

Recognition justice refers to acknowledging and addressing the disparate impacts that energy systems, including energy storage, can have on different communities, particularly those that are marginalised or vulnerable. For instance, studies have shown that low-income communities often bear the burden of environmental pollution from battery manufacturing and recycling.Footnote 10 Achieving recognition justice requires more proactive steps to rectify injustices that burden vulnerable communities.

Applying the lens of recognition justice to alternative energy storage technologies, such as TES, CAES, and PHS, shows their potential for greater equality. Unlike batteries, alternative technologies do not involve use of harmful materials that cause pollution during extraction, manufacturing, and disposal. As such, their adaptation can lower the burden on marginalised communities. In addition, these alternative technologies will require involvement of local communities, providing job opportunities, and economic development.

2.4 Restorative Justice

Restorative justice focuses on addressing past harms and ensures that reparations for communities that suffered from injustices in energy sector.Footnote 11 This is particularly relevant when examining impacts of traditional battery storage technologies. From mining for raw materials to disposal of dead batteries, life cycle of batteries has often caused socio-economic hardship and environmental damage to less advanced communities.

From restorative justice perspective, alternative energy storage options have potential to mitigate past harms and promote more equitable future. As summarised in Table 29.1, these technologies make use of existing geological structures, hence avoiding disruptive mining activities and restoring environment impacted by mining activities.

2.5 Cosmopolitan Justice

The core of cosmopolitan justice is that ‘we are all citizen of the world’.Footnote 12 It highlights our shared responsibilities to each other as world citizens, particularly in terms of mitigating climate change and achieving just transition. Cosmopolitan justice emphasises the global duty to shift towards cleaner and more sustainable technologies for energy storage. These technologies offer more sustainable energy storage as they align with our shared mission to reduce environmental degradation and climate change. While conventional batteries dominate renewable energy landscape, their environmental footprint is far behind “the clean image” that they have.

In the era of the energy transition, conventional batteries maintain a predominant role, yet their environmental impact starkly contrasts with their ostensible “clean” reputation. This apparent discrepancy poses an intellectual dilemma within the dialogue surrounding clean energy alternatives. The extraction of minerals for battery production often takes place in developing countries, leading to environmental degradation and socio-economic disparities, thereby contravening the principles of cosmopolitan justice.

3 Conclusion—Legal Implications of the Energy Justice Framework

The principles of energy justice can significantly influence legal frameworks, shaping laws and regulations to ensure equitable distribution of energy benefits and burdens, foster inclusive and democratic decision-making, and respect diversity in stakeholder perspectives. Laws could be crafted, for example, to prevent the unequal environmental impacts of battery disposal on certain communities or to guarantee that all stakeholders have a voice in decisions about energy storage facilities.

Energy justice can guide energy storage policies and promote a just transition to a sustainable energy future. By applying tenets of energy justice, policymakers can develop strategies that minimise the environmental impacts of batteries, promote fair and inclusive decision-making, and respect diverse stakeholder perspectives. An effective approach could involve the enactment of legislation that establishes mandatory recycling rates for batteries, along with the implementation of stringent monitoring mechanisms to track the life cycle of large batteries, akin to the regulatory frameworks employed for controlled drugs. Life-cycle assessment technique can be useful to evaluate and control batteries from sourcing raw materials to final disposal.Footnote 13 Such legal measures would contribute to addressing environmental concerns and ensuring a just and sustainable approach to energy storage practices.