Ethan Elkind: Navigating the Legal and Economic Landscape of Sustainable Aviation Fuels

Ethan N. Elkind

EcoAero had the opportunity to meet with Ethan Elkind, the director of the Climate Program at UC Berkeley Law School center for Law, Energy and the Environment. Mr. Elkind has recently started his research on law and energy use specifically in the aviation industry, as seen in his “Clean Take Off” Publication. He has started answering the questions of what legal tools does California use to require the use of sustainable aviation fuel and the incentives being put to use. The question of E-fuels, the combination of zero emission hydrogen with carbon capture, in aviation was a large part of Mr. Elkind's Research as it looks to be a promising way to create a carbon neutral synthetic fossil fuel.

The Carbon Footprint of aviation is relatively small, about 2% globally and state wide. Though aviation doesn't account for a large portion of emissions, the increase in use of aviation globally has created a demand for sustainable aviation. Contrails, the result of aviation, can magnify the effects of Greenhouse gasses. There is no ready, universal solution to limit the use of fossil fuels in aviation. Aviation companies tend to mix bio fuels, hydrogen, and batteries, which are only viable for short flights. The laws and policies on sustainable aviation are limited at this point and current solutions are just not enough so companies are looking towards solutions such as e-fuels. 

It is not yet clear as to the economic value of e-fuels. E-fuel is essentially a synthetic petroleum molecule, carbon neutral with very limited emissions. In order for e-fuels to have a chance of success in the current market it would have to be cost competitive with other fuel sources such as jet fuel. The hydrogen and carbon capture required is extremely expensive and if there is excess wind or solar power, it would be more economical to store it for other uses. There is also no demand in the market right now thus companies have no incentive to spend four times the amount of money on sustainable fuel when it is not yet required by any law. 

As for the legalities, there are no clear cut mandates for aviation companies to change the sustainability of their fuel and incentives are the only thing pushing the use of sustainable Aviation. The Federal Government has already stepped in the field and passed a series of laws, mostly in the 1970s, such as the Airline Deregulation Act which created a national market for Aviation in which states have no control over. The question remains, if California continues to challenge the use of sustainably in Aviation, will it be challenged and invalidated by Federal law? 

Accountability has also created a barrier for the use of Sustainable Aviation, as there are no yet verdicts on large suits against Aviation Companies for unsustainable practices. Companies need to be held accountable in order for progress to be made in the field and it might take multiple decades for these suites to come to a final judgement. It is not clear yet where the money from the suits would be distributed if the cases were to render a guilty verdict. 

The best way to fight the cost issue, Mr. Elkind states, is to get as much deployment as possible to bring the cost down over time. Reducing the cost of electrolyzers plays a huge part in this strategy. 

In speaking with Ethan Elkind, we gained insight into the critical but complex intersection of aviation, sustainability, and legal policy. While the aviation sector currently contributes a relatively small portion of global emissions, its rapid growth and the amplified climate impact of byproducts like contrails make the need for sustainable alternatives increasingly urgent. Mr. Elkind’s research shines a light on promising technologies such as e-fuels—synthetic, carbon-neutral alternatives that may eventually offer viable replacements for conventional jet fuel. Yet as he made clear, significant legal, economic, and infrastructural challenges remain. Without clear mandates or widespread market incentives, aviation companies have little reason to adopt these cleaner alternatives. At EcoAero, we recognize that bridging this policy and innovation gap is essential. We will continue advocating for stronger legal frameworks and greater accountability while spotlighting emerging solutions like those Mr. Elkind studies—ensuring the path to cleaner aviation is not just imagined but actively pursued.