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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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Contents

A New Framework for Energy Regulation

Ruven Fleming

Acknowledgements
Table of legislation
Introduction
PART I   SHALE GAS, EU AND MEMBER STATE REGULATION
1  Shale gas extraction in a nutshell – technology, issues, benefits
1.1  Introduction
1.2  The technological process of shale gas extraction
1.3  Potential issues and benefits
1.4  Conclusion
2  Shale gas and EU law
2.1  Introduction
2.2  Primary EU law and shale gas
2.3  Secondary EU law and shale gas
2.4  Conclusion
3  Shale gas and national law
3.1  Introduction
3.2  ‘Ban by law’ in France
3.3  ‘Moratorium by law’ in Germany
3.4  ‘Political moratorium’ in the UK
3.5  Conclusion
PART II   A NEW METHODOLOGY FOR ENERGY REGULATION: THE TRIAS OF OBJECTIVES, PRINCIPLES, RULES
4  Objectives and shale gas
4.1  Introduction
4.2  Energy security and environmental protection as state objectives
4.3  The issue of competing objectives – solutions to the conflict in European and national law
4.4  The ‘meta’ principles of unity of the constitution and practical concordance
4.5  Conclusion
5  Principles and shale gas
5.1  Introduction
5.2  Precaution
5.3  Polluter pays
5.4  Sustainable development
5.5  Public participation
5.6  Rectification at source
5.7  Conclusion
6  Rules and shale gas
6.1  Introduction
6.2  EU CCS Directive and shale gas
6.3  Member States’ transposition of the CCS Directive – lessons for shale gas
6.4  Conclusion
PART III   CONCLUSIONS
7  Conclusions
7.1  Main result
7.2  First leg of conclusions
7.3  Second leg of conclusions
Bibliography
Index