The relation of the energy and environmental competences in the European Union (EU) in terms of renewable energy and its promotion and impact on climate change has been subject to intense academic discussion as well as to judicial review. The general tendency is for measures regarding renewable energy to be passed on both competences, depending on the specific content and objective. Other forms of energy, however, have not been included in this debate. The outcome outside the area of renewable energy is expected to be quite different. Shale gas extraction, for example, is associated with negative, or at least problematic, environmental impacts, alongside the benefits it offers to the security of the EU's energy supply. Consequently, the question of competence is not straightforward. This article analyzes the interplay and conflicts between the energy and environmental titles of the Treaty on the Functioning of the European Union in the context of shale gas activities. The article further explores the importance of ‘significance’ in this setting, and how this concept is crucial in determining the appropriate decision‐making procedure to pass a legal measure on shale gas in practice.
The emerging trend of shale gas extraction poses some new challenges to existing regulatory regimes worldwide, with most of the applicable regulatory regimes not explicitly covering unconventional gas resources. Particularly regarding water resources, there are some serious negative impacts and a lack of regulation concerning shale gas extraction. This article analyzes and compares some of the existing legal regimes in the United States and the European Union on water resources, and their abilities to cope with the impacts of shale gas extraction.
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