Lessons from the United States: For Legal Change and Delay in Energy Law in the United Kingdom

Abstract

Reflects on the delays experienced by the UK in developing its nuclear energy sector, particularly in respect of new-builds, and the lessons it could learn from the US approach. Reviews the UK energy and planning provisions relating to nuclear power plants, and analyses the factors which have contributed to delays in the construction of such plants in the US despite the passage of the Energy Policy Act 2005, including: (1) a failure to implement incentive schemes sufficiently rapidly; (2) policy inaction over the management of nuclear waste; and (3) regulatory uncertainties and test cases.