Is there a need for a specific shale gas regulatory framework? : comparative, European and international perspectives

Abstract

In the United States, attitudes towards shale gas activities vary from State to State ranging from temporary bans to high level production. Similarly, in the UE, the potential of shale gas has met with a mixed response. While France is the first country which banned shale gas developments, the United Kingdom has mostly adopted a permissive approach to shale gas activities. The diversity of stance amongst States raises questions about the level at which legislation regarding shale oil and gas activities should be adopted. The European Commission recently came up with Recommendations on hydraulic fracturing which has raised questions about its competence and the added value of this intervention. Meanwhile in the United States intense debate among interested parties have arose as to whether hydraulic fracturing should be regulated at state or federal level. While at the international level, several best practice guidelines for developing unconventional resources such as the IEA golden rules or the OGP good practices have been elaborated. This thesis will try to assess whether a coherent response to shale gas is necessary and appropriate. Main Challenge encountered: There is a lot of debate on the potential risks and impacts of shale gas projects, whether to regulate specifically such developments or not, whether unconventional gas development should be fostered or terminated. Consequently, the legal framework tends to evolve quickly at national level, with new legal developments being proposed as this thesis was being written. In most countries, the existing legal framework to regulate shale gas is composed of collection of overlapping sectorial and cross-sectorial laws. The challenge was to identify the relevant legislation that would apply specifically to shale gas since almost none of the countries/regions studied have adopted specific requirements to cover the potential health and environmental impacts associated with shale gas extraction.