Lila Barrera-Hernandez - Böcker

While energy has been extracted from the ground for two centuries, recent years have seen transformative changes to how easy it is to access underground energy resources. This book investigates the key challenges and legal consequences of recent developments in the use of the subsurface as a source of energy. It provides a comprehensive analysis of the new technologies that have made this possible, such as the extraction of unconventional oil and gas resources through horizontal drilling and hydraulic fracturing, also known as fracking. Further developments include the expanded use of geothermal energy, which has the potential to beome a major renewable energy source. The subsurface can also be utilised for long-term disposal or storage of environmentally harmful by-products of energy use, such as carbon capture and storage (CCS), and disposal of spent nuclear fuel and other nuclear waste. Successful development of these technologies could enhance the use of fossil and nuclear energy by reducing the harm caused by the release of greenhouse gases and harmful radiation. The authors bring together a wide variety of expertise and knowledge to examine the legal implications of the development and control of these underground activities. They provide an invaluable understanding of the legal frameworks applicable to the extraction of underground energy, both at the international level and in a number of important national jurisdictions. Importantly, the book analyses the different regulatory responses to these developments across five continents, and assesses in detail the environmental impact of new energy extraction technologies.

A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.

Democratization, globalization, and increased environmental awareness have had a profound impact on the regulation of industry in the energy and natural resources sector. This book analyses the changes in character of the way this industry is regulated, and seeks to make connections with theoretical perspectives on regulation as a major part of the modern legal system.Part I examines the emergence of alternatives to regulation, such as 'soft law' in developing countries, the European Electricity and Gas Directives of 1996 and 1998, the idea of regulation of company structure as opposed to performance, multi-faceted government alternative regulatory instruments, and market mechanics.Part II analyses conventional methods of regulation, and how they have evolved, including case studies from the Netherlands, the USA, Singapore, New Zealand, and the UK.Part III looks at regulatory innovations such as environmental audit, self-regulation, the 'Voluntary Action Plan', private-sector standard setting, and certification.Part IV examines the role of non-state actors, and their response to national and supranational regulatory changes, and globalization.Recent shifts in the perception of energy security, failures in energy company corporate governance, and evolving self-regulatory frameworks renders this a timely and worthy examination of the issues facing the energy and natural resources industry today.