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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

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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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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Geert Van Calster and Leonie Reins

EU Environmental Law discusses the reality for legal practice throughout the EU, as environmental law of the Member States is becoming ever less 'national'. Consequentially European environmental regulation is becoming more complex and interrelated, making it an emerging field of study for European law graduates, and an area of increasing exposure to the legal profession. This book gives readers a thorough overview of core European environmental law, with a section on the basic framework and principles, as well as on substantive law issues giving insight into the legislation in the different sectors and the most topical developments.
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Geert Van Calster and Leonie Reins

This chapter discusses the history and developmental context of European environmental law. It establishes the sources thereof, as well as the division of competences in European law in general and in the area of environmental law specifically. Lastly, it discusses the objectives of European environmental law, namely sustainable development, a high degree of environmental protection, the quality of the environment, protecting human health and promoting measures at the international level.

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Geert Van Calster and Leonie Reins

This chapter introduces the principles important to European environmental law. More precisely, it discusses the general principles of subsidiarity and proportionality, integration and sustainable development, as well as the environmental principles, precaution, prevention, rectification at source and the polluter pays.

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Geert Van Calster and Leonie Reins

This chapter introduces the actors in the area of European environmental law, specifically the European Parliament, the Council of the European Union, the European Commission, the European Court of Justice, the Committee of the Regions, the Economic and Social Committee, as well as other actors. The chapter also discusses the legal instruments, the possible legal bases for environmental action, the environmental guarantee and the decision-making process.