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Directive for increasing the proportion of renewable energy in overall
energy consumed for transportation to 10 per cent by 2020 or be entitled
to receive subsidies if the cultivation of feedstocks used for their pro-
duction results in the loss of: land with high biodiversity value including
primary forests, legally designated areas for nature protection, and
highly biodiverse grassland; 92 land with high carbon stocks including
wetlands, continuously forested areas and other forested areas meeting
certain criteria; 93
and peatland. 94
Some environmental groups have
criticised the Directive
nition of ecologically valuable land for
being too limited, 95 but its identi
'
sde
cation of the exploitation of certain
types of land as de
nitively unsustainable represents an important
advance in the use of law for protecting ecosystems beyond designating
particular habitats for preservation.
An important factor in determining whether an option should be used
would be the manageability of impacts. 96 If we have no reliable means of
controlling the ecological effects of options, that may provide a strong
argument against continued reliance on them. For example, many of
the potential ecological effects of offshore wind farm development might
be minimised (although not removed) through careful selection of sites
for construction. Conversely, we have, at present, no reliable means of
controlling the effects of fossil fuel generation on climate or of contain-
ing carbon dioxide once it is released. Carbon capture and storage has
been proposed as a technology for providing the management that is
currently lacking. However, until its reliability and the safety and eco-
logical benignity of storage can be demonstrated, fossil fuel generation
provides an obvious candidate for sunsetting. Reversibility is also a key
consideration, the
'
primary thrust of precaution
'
being, in Renn
'
sview,
. 97 A prudent approach when assessing an
option whose ecological effects are unknown because of its novelty
would therefore be to
'
to avoid irreversibilility
'
'
pursue a cautious strategy that allows learning
. 98 For example, it may be appropriate in view of our
current ignorance of how marine species may be affected by noise from
by restricted errors
'
92
93
94
Ibid ., Articles 17(3)(a),(b) and (c).
Ibid ., Article 17(4).
Ibid ., Article 17(5).
95 J.M.Amezaga,S.L.BoyesandJ.A.Harrison,
,
conference paper presented at the 7th International Biofuels Conference, New Delhi,
February 2010 ,pp.6
'
Biofuels Policy in the European Union
'
7, http://research.ncl.ac.uk/reimpact/Related%20Documents/
Reports/Biofuels%20Policy%20in%20the%20European%20Union.pdf .
96 Klinke and Renn,
-
'
A New Approach to Risk Evaluation
'
, 1074.
97 Renn,
98
'
Precaution and the Governance of Risk
'
,p.239.
Ibid .
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