Decommissioning Renewable Energy Systems in Nigeria and the United States: Crafting a Legal Framework for Managing End-of-Life Solar Infrastructure

Abstract

Nigeria's rapid shift toward solar energy has filled critical power gaps, especially in off-grid communities. Yet, while policies encourage deployment, legal frameworks remain silent on what happens when solar systems reach the end of their life. This article addresses the legal vacuum surrounding decommissioning obligations in Nigeria's renewable energy sector, a growing concern as solar waste and battery toxicity pose rising environmental risks. Through a doctrinal and comparative lens, the paper examines statutory shortcomings in Nigerian law, including gaps in the Electricity Act 2023 and existing environmental legislation. It then contrasts this with selected U.S. state-level frameworks where solar developers must submit decommissioning plans, post bonds, or assume full financial responsibility for environmental cleanup, even in the absence of a unified federal law. Drawing on best practices from U.S. states like Maine, Louisiana, and Minnesota, the paper explores how legal certainty and proactive compliance mechanisms can prevent long-term environmental damage. Ultimately, the article proposes a binding decommissioning framework for Nigeria anchored on six core principles: the polluter-pays doctrine, extended producer responsibility, financial assurance mechanisms, site restoration, public participation, and environmental justice. These legal reforms are essential to avoid repeating the mistakes of Nigeria's oil sector and to secure a truly sustainable energy transition