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Shale Gas, the Environment and Energy Security

A New Framework for Energy Regulation

Ruven Fleming

This pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives. As well as offering the first formal assessment of the legality of fracking bans and moratoria, Ruven Fleming further proposes a new methodology for the development of legally sound regulation of new energy technologies in the context of the energy transition.
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Chapter 3: Shale gas and national law

A New Framework for Energy Regulation

Ruven Fleming

Extract

Chapter 3 provides an overview of shale gas regulation in Member States of the European Union. It takes a closer look at three jurisdictions, France, Germany and the UK. They are representing the three different approaches to shale gas regulation that are currently dominating in Europe _ strictly prohibitive, mainly prohibitive and cautious but permissive regulation. The chapter discusses advantages and disadvantages of these approaches. It shows that strictly prohibitive shale gas regulation is not the most commendable option for governing this activity. Instead, cautious, but permissive regulation would be better suited to govern shale gas extraction in a sound way.

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