algae biofuel, part 2: the dynamics of growth & production samuel coe [email protected] energy...

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Algae Biofuel, Algae Biofuel, Part 2: Part 2: The Dynamics of Growth & The Dynamics of Growth & Production Production Samuel Coe [email protected] Energy Law Fall 2010

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Algae Biofuel, Algae Biofuel, Part 2:Part 2:The Dynamics of Growth & ProductionThe Dynamics of Growth & Production

Samuel [email protected] LawFall 2010

OverviewOverviewAlgae Cultivation

◦ Open Pond, Photobioreator and Hybrid SystemsFinding the Right Algae

◦ Aquatic Species ProgramGenetic Engineering

◦ Regulatory ComplicationsPatent ProtectionU.S. Government Algae Policy

◦ International InfluenceFuture Predictions

“The successful growth of algae is more or less an art and a daily tightrope act with the aim of keeping the necessary prerequisites and various unpredictable events involved in algal mass cultivation in a sort of balance” - E. Wolfgang Becker

How does algae grow?How does algae grow?Sunlight, Water & Carbon Dioxide

From the Pond to the Fuel From the Pond to the Fuel PumpPump

Open Pond SystemsOpen Pond Systems

Pond Pros & Cons Pond Pros & Cons

-Low Costs

-Easy to Operate and Maintain

-High Contamination Risk

-Lots of Water and Space

Closed PhotobioreactorsClosed Photobioreactors

PB Pros & ConsPB Pros & Cons

High Productivity, but High Costs

Early Algae PBsEarly Algae PBs

MIT rooftop, circa.1950MIT rooftop, circa.1950

VertigroVertigroProduction potential of 100,000 oil

gal/year for each acre of bioreactors

Hybrid SystemsHybrid SystemsInnoculation

◦Grow the seed and set it free.Wastewater ManagementCarbon Capture

Algae Bioreactor attached to smoke stack at power plant.

Finding the Right Algae Finding the Right Algae Over 40,000 species of algae

have been identified, likely hundreds of thousands more to be discovered

Aquatic Species ProgramAquatic Species ProgramU.S. Dep. of Energy & National

Renewable Energy Lab (NREL)1978 – 19963,000 species of algae studied

and analyzed, only 51 labeled “high value”

Genetic Engineering of Genetic Engineering of AlgaeAlgae

The Source of Algae The Source of Algae EnergyEnergy

Genetic Genetic “Biomanufacturing”“Biomanufacturing”

Biological Secretion of LipidsNo Need for Costly Physical Extraction

Dangers of Genetic Dangers of Genetic Engineering?Engineering?

- “FrankenAlgae” - “Suicide Genes”

Genetically-Engineered Genetically-Engineered Algae RegulationsAlgae Regulations

Toxic Substances Control Act (TSCA)Plant Protection Act (PPA)Conflicting Regulatory Agencies –

E.P.A. v. U.S.D.A?

Patent Protection for Algae Patent Protection for Algae Systems Systems

Plant PatentsPlant Patents

35 U.S.C.A § 161: “Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of this title.”

The Pros & Cons of Algae The Pros & Cons of Algae PatentsPatents

Increased Incentive for InventionIP Assets to Attract Further

InvestmentBig Oil Patent Hunting?Litigation Risks

U.S. Algae PolicyU.S. Algae PolicyEnergy Independence and Security Act

(EISA)◦ Section 228: Algal Biomass (R & D)

American Recovery & Reinvestment ActMaking Amends for Past Neglect?

International AlgaeInternational AlgaeChina, Japan, Argentina, New

Zealand, India, & more have joined the algae game

Future PredictionsFuture Predictions

Biofuel Vehicles “Green” Buildings

More Research & DevelopmentFurther Private & Government

InvestmentClearer Regulatory & Statutory

Guidelines for Algae Businesses

ConclusionConclusion