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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 7: Conclusions

A New Framework for Energy Regulation

Ruven Fleming

Extract

Chapter 7 is the third part of the book and includes its conclusions. These are clustered around two main results. The first is that cautious, but permissive shale gas regulation complies best with the relevant (quasi-) constitutional objectives. Strictly prohibitive shale gas regulation, by contrast, is hard to reconcile with constitutional law pre-requisites. The second result is the new trias methodology. Its advantages and setbacks are discussed in these conclusions which show that the trias transcends the context of shale gas extraction. It can be used to develop regulatory regimes throughout the extractive industry and in the renewables sector. It could also facilitate the elaboration of a regulatory framework for non-producing parts of the energy sector. Since energy law is a very young discipline that has to keep up with rapid technological developments, a consistent methodology to develop regulations for all sorts of new and emerging energy technologies is in increasing demand.

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