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Shale Gas, the Environment and Energy Security
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Shale Gas, the Environment and Energy Security

A New Framework for Energy Regulation

9781786433169 Edward Elgar Publishing
Ruven Fleming, Groningen Centre of Energy Law, University of Groningen, the Netherlands
Publication Date: 2017 ISBN: 978 1 78643 316 9 Extent: 384 pp
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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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.

In this timely book, Ruven Fleming argues that the practical consequence of these changes has been the self-inflicted curtailment of legislative discretion. The first to formally assess the legality of fracking bans and moratoria, he exposes their flawed construction, revealing that the current regulations could be successfully challenged in front of courts of EU Member States. Reaching beyond shale gas, innovative chapters further propose a new methodology – the so called triad of objectives, principles and rules – to develop legally sound regulation of new energy technologies in the context of the energy transition.

Students and scholars across environmental and energy law will find this book an essential contribution to the sparse literature regarding the legal aspects of fracking and shale gas in Europe. The focus on a new legal methodology will also provide guidance to decision-makers and regulators alike.

Critical Acclaim
‘This contribution is expansive and synthetic; indeed, it is supported by 79 pages of references and contributes to both theoretical and applied energy and policy literatures. It is exhaustive yet accessible, and the contribution of the Trias methodology is novel and timely. Thus, this work may prove valuable to comparative policy and
energy scholars as well as policymakers and stakeholders in the EU and other regions exhibiting potential for unconventional shale energy development.’
– Anne N. Junod, The Extractive Industries and Society

‘In this book Ruven Fleming has commendably captured some of the core legal issues in relation to shale gas development in the EU. It is a worthy read for energy law scholars who want to see how the EU is responding to this new development across the EU. Further, there are some interesting conclusions worthy of further debate and research for future scholars! A delightful addition to the literature!’
– Raphael Heffron, Queen Mary, University of London, UK

‘The book is well-structured, has an extensive list of references and contains novel formulations on shale gas regulation in the EU. . . it is excellently written and may appeal to more than just energy law scholars and constitutional law researchers. The trias of objectives, principles and rules, perhaps the greatest contribution of the book, will undoubtedly facilitate debate that would be useful for future legal scholarship.'
– International Energy Law Review

‘This is an engagingly-written and very interesting book, with a broad scope and a truly impressive bibliography, bringing together concepts from constitutional, environmental and energy law in a thought-provoking synthesis.'
– e-law newsletter

‘This book is an excellent research volume of the highest calibre. As a shale gas law and policy researcher and keen devotee of Dworkin, this volume struck deep chords. It was an absolute pleasure to read and review, and I highly recommend it.'
– Environmental Law Review
Contents
Contents: Introduction PART I SHALE GAS, EU AND MEMBER STATE REGULATION 1. Shale Gas Extraction in a Nutshell - Technology, Issues, Benefits 2. Shale Gas and EU Law 3. Shale Gas and National Law PART II A NEW METHODOLOGY FOR ENERGY REGULATION: THE TRIAS OF OBJECTIVES, PRINCIPLES, RULES 4. Objectives and Shale Gas 5. Principles and Shale Gas 6. Rules and Shale Gas PART III CONCLUSIONS 7. Conclusions Bibliography Index

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