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Leonie Reins

This chapter provides an overall introduction to the volume. More precisely it describes the research agenda for the chapters to come, the overall challenges to a coherent regulation of shale gas, the associated environmental impacts, as well as the overarching research questions and overall structure. Key words: research agenda; environmental impacts; shale gas; coherent regulation

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Leonie Reins

This chapter analyses the ‘constitutional’ context to shale gas at European level. It describes the vertical and horizontal competences prior and after the Lisbon Treaty, the corresponding legal basis and explains why a non-binding Recommendation is the only possible regulatory tool for shale gas regulation in the European Union. The chapter further discusses the quest for a common energy policy in the European Union. Key words: shale gas; Common Energy Policy; legal basis; environment, energy; vertical and horizontal competences; significance

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Leonie Reins

This chapter establishes how the regulatory design and policy impacts the development of a technology and the current procedure of dealing with cross-cutting energy and environmental issues. More precisely, the regulation of CCS and nanotechnology will be studied and compared to the regulatory approach taken to shale gas. The analysis focuses on the parameters of the degree of newness of a technology, bindingness of regulatory measures, underlying risk management principle, management of the public debate and business case of the technology. In addition the prevention, precautionary and conservatism principle as tools for regulation of new technologies will examined. Key words: new technologies; carbon capture and storage; nanotechnology; shale gas; risk regulation; precaution, prevention and conservatism

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Leonie Reins

This chapter combines the findings of the analysis of the overall regulatory and policy framework on shale gas, departing from the very specific (the case of shale gas) – over the discussion of competence-related issues – to more conceptual issues, namely the regulation of ‘new’ technologies. It answers the question to what extent does the regulation of ‘new’ technologies such as shale gas highlight the challenges of a coherent regulation of energy and environment in the European Union. Key Words: shale gas; new technologies; legal basis; energy law and policy; environmental law and policy

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Regulating Shale Gas

The Challenge of Coherent Environmental and Energy Regulation

Leonie Reins

Regulating Shale Gas discusses the regulatory context of shale gas in the European Union and draws conclusions on the EU’s broader approach towards the regulation of new technologies. Providing the first dedicated examination of the overall regulatory context of shale gas in the EU, Leonie Reins reveals how the EU’s new constitutional setup after the Lisbon Treaty has complicated rather than facilitated the EU’s quest for a common energy policy.
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Leonie Reins

Article 2 of the Energy Charter Treaty lays down the purpose of the Treaty. The provision highlights the ‘treaty’s role in providing a legal framework promoting long-term cooperation, suggesting that the treaty is conceived as enhancing the stability required for such cooperation’. The Treaty’s purpose essentially contains four elements which are discussed in the following: 1. The establishment of a ‘legal framework’ aimed at; 2. The promotion of long-term cooperation in the energy field based on; 3. Complementarities and mutual benefits; 4. In accordance with the objectives and principles of the Charter.

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Leonie Reins

The ‘environmental guarantee’ provided in Article 193 TFEU enables EU Member States to maintain or introduce ‘more stringent protective measures’ beyond environmental protective measures adopted under Article 192 TFEU. This chapter examines the interpretation of the environmental guarantee by the CJEU and its potential for providing effective protection of the objectives of EU environmental policy. The analysis of case law shows that the development of EU environmental law as a coherent body of law in its own right is preserved by the CJEU. However, this implies that some constraints are put on the ability of EU Member States to act more protectively than EU environmental law, which seems to align with the intention of the drafters of the environmental guarantee, as introduced by the European Single Act.

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Reins Leonie

Abstract This chapter analyses the nexus in law and policy between the environment, human rights and energy. In particular, it addresses whether there is a need for a ‘right to energy’ as a separate and novel human right. Whereas currently there is no distinct right to energy under international law, the Sustainable Development Goals arguably embody such a human right to energy. Given the importance of energy as a means of facilitating the attainment of other human rights, it would be a mistake to dismiss a rights-based approach to energy at the outset. Other international instruments, both in the field of human rights, as well as environmental agreements, appear to reflect an understanding among the global community of states that access to energy is a precondition for the attainment of many other rights, and that measures should be taken in order to ensure such access.
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Geert Van Calster and Leonie Reins

In the EU, in the past, intervention in the area of noise pollution has focused on safeguarding the internal market rather than dealing with the environmental and health and safety impacts. This changed with the enactment of the 2002 Environmental Noise Directive, which marks the cornerstone in the Union’s noise policy. In addition, an important part of noise pollution is addressed by imposing product standards on individual noise emitters. This chapter discusses both the Environmental Noise Directive and the sector specific regulation to noise. They all have in common that tackling noise pollution is best attained, to a large extent at least, by preventing pollution at source. Economic instruments are very rarely used in this sector. Taxing the emission of noise is only really done in the air transport sector. Subsidies and fiscal incentives for using less noisy techniques and/or tools are in fact completely absent in the Member States.

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Geert Van Calster and Leonie Reins

Air pollution has been on the European environmental agenda for several decades. The 2005 Thematic Strategy on air pollution assessed the situation, provided interim objectives and suggested inter alia to promote integration of air pollution and environmental concerns into other policy areas, as well as to modernise legislation and focus on the most serious pollutants. In its 2005 strategy, the Commission promoted the restructuring of existing provisions into a single directive and the introduction of new air quality standards for fine particulate matter, as well as the revision of national emissions ceilings as key to a successful implementation. This chapter discusses the air policy and its changes in the last decade, firstly looking at general legislative tools on air quality, then discussing air emissions and sector specific regulation and harmonisation applicable to air pollution.