Carington Lowe & Michael Hamersky have published “The Tribal Energy Act: A Necessary Step Toward the Electrification of the Navajo Nation” in the Pepperdine Law Review.

Here is the abstract:

The Navajo Nation stands as a sovereign nation, yet many families still lack access to electricity because of enduring historical, structural, and regulatory barriers. This Article identifies the legal and technical barriers that have hindered meaningful progress and argues that supplementing the utility grid with distributed energy resources, such as biodigesters, offers a viable path toward electrification, particularly for remote and rural communities within the Navajo Nation. Biodigesters convert organic waste generated through community practices, such as sheep raising, into biogas through an anaerobic process. This form of energy reflects circular economy principles while also aligning with Diné cultural practices of environmental harmony and stewardship. As a flexible and scalable energy source, biodigesters can be adapted to meet the diverse needs of these communities. 

With these barriers in mind, this Article examines the Tribal Energy Act and the authority it grants the Navajo Nation to implement new regulations to encourage clean electrification. It further proposes targeted revisions to existing regulatory frameworks to facilitate the wider adoption of distributed energy resources and promote greater energy access across the reservation.