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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 5: Principles and shale gas

A New Framework for Energy Regulation

Ruven Fleming

Extract

Chapter 5 further follows the structure of the trias and investigates its second level, legal principles. It establishes five (environmental) law principles as most relevant to shale gas extraction, namely the precautionary/prevention principle, the polluter pays principle and the principles of sustainable development, public participation and rectification at source. The chapter highlights how each of these principles can be translated into a concrete feature of cautious, but permissive shale gas regulation.

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