Energy and Natural Resources Law

This chapter analyzes the multi-level, networked governance of biofuels by surveying a wide variety of legal regulatory measures, including domestic laws and public policies, private intellectual property rights and international trade rules.

The Australian Senate's Interim Report on Unconventional Gas Mining was released in June 2016, following heightened political awareness of continuing public outcry relating to unconventional gas exploration. In Queensland, the state government has supported the gas industry's headlong rush into this profitable resource sector, to the consternation of farmers who have few statutory rights to disallow access by resource companies to their agricultural land. In the early sections of this paper, we review current agricultural land protection legislation in Queensland and British Columbia; two Commonwealth states with similar socio-political and legal systems and growing unconventional gas industries. The review provides the basis of a critical analysis of 'active' adaptive management as a regulatory framework facilitating optimal coexistence between agriculture and unconventional natural gas. In the remaining section we apply the framework of 'active' adaptive management in a comparative legal analysis of the land protection and oil and gas agencies as well as agricultural land protection regulation in British Columbia and Queensland. In conclusion, we identify the Agricultural Land Commission system in British Columbia, Canada as exemplifying elements of 'active' adaptive management to assist in facilitating coexistence between arable land and unconventional gas operations.

This article commences by offering a summary of the EU’s works on the regulatory environment for the shale gas industry (s 1.1), and is divided into following parts: (i) ‘Background’ (s 2), (ii), ‘Legislative Level’ (s 3), (iii) ‘Plans and Programmes: SEA’ (s 4), (iv) ‘Project Level: EIA’ (s 5), and (v) ‘Public Participation in other EU Legislation’ (s 6). Section 2 offers a necessary background of this article by discussing: (i) the case for the shale gas in the EU (s 2.1), (ii) the spectrum of shale gas related problems (s 2.2), (iii) public views on fracking and the shale gas industry throughout the EU (s 2.3), and (iv) the concept of the SLO (s 2.4). Section 3 discusses problems of public participation, access to information and access to justice in shale gas related lawmaking at the EU-level (s 3.1) and Member States level (s 3.2). Section 4 discusses the same problems in developing environmental plans and programmes (strategic environmental impact assessment process) at the le...

The concept of social licence to operate (SLO, simply ‘social license’ or ‘social licensing’) originated in the mining industry and its use has also been extended over large infrastructure, energy, and industrial projects. In simple terms, the SLO refers to: 1) “the ongoing acceptance of a company or industry's standard business practices and operating procedures by its employees, stakeholders and the general public” (Investopedia 2018), and 2) “the level of acceptance or approval by local communities and stakeholders of mining companies and their operations.” (Fraser Institute 2012). Specifically in the mining sector, the SLO can be summarised as attempts to “to secure the acceptance of mining activities by local communities and stakeholders, in order to build public trust in their activities and prevent social conflict” (IRP UNEP 2017) whereas such attempts “are premised on engagement between mining companies, governments and civil society to ensure that mineral resource extraction contributes to nation¬al and local development, and that damaging impacts on host communities and the environment are mitigated or otherwise managed” (ibid.). The need of the developers/investors to obtain the SLO stems from the “the demands on and expectations for a business enterprise that emerge from neighbourhoods, environmental groups, community members, and other elements of the surrounding civil society” (Gunningham, Kagan, Thornton 2014). In turn, from the perspective of developers/investors, the SLO is “a pragmatic calculation of what is required to minimise business risk and win the degree of community support required to avoid delay or disruption to company operations” (Owen, Kemp 2013). The SLO is based on some agreement between developers/investors and stakeholders/the community and can take a form of 1) “an informal agreement that infers ongoing acceptance of an industrial or energy project by a local community and the stakeholders affected by it” (Gallois, Ashworth, Leach, Moffat 2017) or 2) “a form of unwritten social contract that exists between companies and communities” (Lacey, Lamont 2014) The lawmakers can assist with the development of agreements for SLO through procedural empowerment of various stakeholders such as by securing 1) access to environmental information, 2) public participation in environmental law making, strategic impact assessment (SEA) or project-specific environmental impact assessment (EIA), and 3) related administrative and judicial review procedures. Moreover, within the framework of sector-specific corporate-social-responsibility (CSR) / Triple Bottom Line (TBL) activities, developers/investors also seek to secure wider SLO going beyond pure compliance for a number of reasons such as a desire to avoid boycott, or a belief that downplaying such expectations would eventually lead to the adoption of stricter regulation (Gunningham, Kagan, Thornton 2014). Indeed, to quote Curran, “[i]n an age of CSR, social licence thus acts as a form of strategic risk management for most major companies. Its objective is to protect companies’ financial and reputational assets by proactively anticipating and managing contestation rather than simply reacting to it.” (2017). Obtaining SLO in relation to the extraction of hydrocarbons and electricity generation is more relevant than ever. On a global scale, the public awareness concerning the impact of new investments and ongoing operations in those sectors on the environment, climate and quality of life of affected communities is constantly increasing, whereas we remain as far as ever from phasing out conventional fuels: about 1160 new coal power plants (CPP) and about 50 nuclear power (NPP) are currently planned or being constructed (Global Coal Plant Tracker 2020; World Nuclear Association 2020). At the same time, the push towards the electrification of the automotive industry predicts massive expansion of mining projects in response to a growing demand for elements used in the production of batteries. The angles, from which the controversies surrounding the SLO can be looked at, are numerous. Foremost, specific sectors can be analyzed in terms of SLO, including 1) prospection, exploration and extraction (upstream) of hydrocarbons, 2) electricity and heat generation, 3) linear investment such as such oil and gas pipelines (midstream) or high voltage electricity transmission grid with emphasis on cross-border interconnectors, and 4) underground storage of gas, oil and CO2. Secondly, SLO can be looked at in terms of the involvement of public authorities in the social licensing process, including 1) the legislative works with regard to laws affecting above-listed sectors, 2) the preparation of various plans, programs and/or strategic environmental assessment (SEA) which cover the above-listed sectors, and 3) Environment Impact Assessment (EIA) of specific projects in the above-listed sectors. Thirdly, SLO can be examined through the prism of procedural…

The author aims to present the broadest possible context of the Baltic Pipe project, including legal, and to some extent, economic considerations, which ought to be scrutinized along with the broader geopolitical considerations surrounding present energy-related race in Baltic Sea. The aim is to juxtapose the long-lasting Russo-German strategic partnership resting on the development of Nord Stream(s) pipeline surpassing Poland on the one side, with a collection of pipe-dream moves ushered by Washington and aimed at upending this partnership, the Baltic Pipe project included, on the other side. Sec 2 looks at the Nord Stream(s) project as the direct competitor of the Baltic Pipe, and at the efforts by both the US government and the EU institutions to undermine Russo-German co-operation, thereby helping the viability of the Baltic Pipe. The discussion of the Nord Stream(s) covers US’ attempts to torpedo the Nord Stream 2 with sanctions imposed in December 2019 (sec 2.1) and the EU’s crusade against the Nord Stream via blocking the full capacity use of the OPAL pipeline since 2009 (sec 2.2). Sec 3 looks at the US’s and Germany’s energy strategies toward the CEE, including the energy dimension of the US-led Three Seas Initiative (sec 3.1), which favour the Baltic Pipe project, and Germany’s Energiewende which is at odds with this project (sec 3.2). Secs 4 and 5 look at drivers for advancing the Baltic Pipe, which stem from the structure Poland’s electricity-generation market (sec 4) combined with Poland’s EU and international climate and emissions-related commitments (sec 5), which all force a country-wide shift to electricity-generation from natural gas. Section 6 looks at the Yamal Contract, which will secure gas supplies to Poland until it tentatively expires in 2022, and those supplies are entirely replaced with gas supplied via the Baltic Pipe. Finally, sec 7 looks at the regulatory issues, including the intergovernmental agreement on the Baltic Pipe (sec 7.1), funding of the project along with granted state aid (sec 7.2), and the permitting process (sec 7.3).

In the context of the International Bar Association report, Achieving Justice and Human Rights in an Era of Climate Disruption, this commentary highlights the challenges in adopting a human rights framework for the REDD+ programme which is designed to reduce greenhouse gas emissions. It identifies the potential inequities involved in mitigation efforts directed toward reducing emissions from avoided deforestation, forest degradation and associated forestry activities in terms of the potential impacts upon indigenous peoples and local forest-dependent communities. The potential impacts upon these communities are now well recognised, and issues of climate justice have been raised. The introduction of safeguards under the REDD+ model, is an important step towards incorporating human rights into the REDD+ framework. Yet even given the emphasis on securing tenure and participatory rights, such as free, prior and informed consent, REDD+ may still entrench inequalities for some indigenous and local communities, in areas such as the utilisation of traditional knowledge in fire management.

The regulation of the shale industry in the EU stopped making headlines after the European Commission released a temporary regulatory package in 2014. It does not mean, however, that there have been no shale related developments at the EU’s and Member States. The time and public funds spent now by the Commission on a scientific research interwoven with regulatory analyses might contribute to the reduction of industry’s costs as a result of not only better technology but also of a streamlined investment-process which would mitigate potential conflicts between developers, landowners, local communities, NGOs as well as central and local authorities.

... 1 Tony Tiplady and Mary-Anne Barclay, 'Indigenous Employment in the Australian Min-erals Industry' (Centre for Social Responsibility in Mining, The ... than mandating negotiation in some instances see Langton and Mazel at p 31 and Godden, Langton, Mazel and Tehan at p 1 ...

Tree planting-trend has been taking in Karemo Division for the last 28 years (1985-2014). This is an average rotation of exotic trees species in the study area like Eucalyptus, cypress, casuarinas and pine that are present in the study area. Survived trees sequester carbon, but the amount of carbon that can be sequestered by these trees is not known. An important question is to what extent of carbon that trees sequesters, can be significantly contributed due to tree planting-trend. An important question is to what extent of carbon that trees sequesters, can be significantly contributed due to tree planting-trend, the type of on-farm management practices applied by farmers and the role of forest of rural forest development institutions on farm forestry in the study area? That’s why the study attempted to answer this vital question applied by farmers and the role of forest of rural forest development institutions on farm forestry in the study area? That’s why the study attempted to an...

Bangladesh is a country of natural resources, but it is facing necessary energy supply difficulties for its low economical condition. Biogas can be used a substitute energy generating source in Bangladesh for its suitable climate. About 35°C temperatures are suitable for biogas production. In Bangladesh, the essential materials for biogas production can be arranged very easy and cheapest way depending on country temperature (4°C-41°C) as it is an agricultural country. About 64 study data was collected from different biogas plants from three Upazila under Jessore district named Jessore sadar, Jhikargachha and Noapara paurasava. Three sizes of biogas plants have been observed in the study areas, which are based on cow dung. The constructional costs of these plants were from 36000 taka to 52000 taka. Biogas is beneficial to human health and environment assistances. Approximately 86% and 80.3% male informed that biogas has improved their mental and physical health respectively. This res...

В работе доказывается наличие нового вещного права в отношении объектов энергетической инфраструктуры
на примере Постановления Конституционного суда Российской Федерации от 25 апреля 2019 г. № 19-П , а также спора между Роснефтью, Сахалин Энерджи и Газпромом (дело №А59-3071/2014 Арбитражного суда Сахалинской области)

Private ordering's relationship to public law can be characterized as one of a complement, substitute, competitor, or foundation. This study of a transition from private to public ordering examines judicial techniques of the Supreme Court of Colorado that reduced transition costs. Initially, judicial faithfulness to local decisionmaking invoked custom, but this diminished over time. Simultaneously, the Court was puzzlingly deferential to unreliable land office decisions. The cases here suggest that recognition of custom and rewarding formal claimants each played a role in minimizing legal transition costs, with mineral rights custom proving to be the foundation for the nascent legal system.

This report provides an overview of important live policy challenges relating to the social and human aspects of energy transitions, as
identified by 39 policyworkers from across Europe. It draws on applications that these policyworkers submitted in Autumn 2019 to participate in a Policy Fellowship programme as part of the EU-funded
Energy-SHIFTS project (Energy Social sciences & Humanities Innovation Forum Targetting the SET-Plan). The Policy Fellowship programme matches each of 20 selected policyworkers working on energy transitions across Europe and Horizon 2020 countries with 4-6 researchers from the Social Sciences and Humanities (SSH). The aim is to create a reciprocal connection that results in energy-SSH insights supporting policy work and ‘live’ policy feedback reaching researchers. By reviewing the key policy questions that policyworkers submitted in their applications, this report aims to highlight important challenges currently experienced by energy policyworkers across Europe, and to provide useful insights for SSH scholars who wish to carry out policy-relevant research.

International trade regulation has generally favored open trade policies but GATT/WTO exceptions are designed to promote environmentally friendly industries and policies that would otherwise violate trade rules. This study examines how the World Trade Organization’s Dispute Settlement Body has approached environmental exceptions in practice by analyzing key appellate body decisions over the history of the GATT/WTO system. Despite stated goals to promote sustainability, the way the Dispute Settlement Body has interpreted complaints has in some cases limited members' options for promotion of environmental policies. The paper in particular compares early environmental cases with the 'India Solar Cells' case, in which India argued a nascent solar industry in a developing country merited a protectionist exception. Empirical results of DSB decisions have shown an attempt to balance free trade with provisions meant to provide dispensations, with mixed results. The paper then puts WTO rulings in context with other multilateral treaties affecting the environment.

The denomination `natural resources law´ is frequently used both in connection with the Hungarian legal research and legal training. Unfortunately, in both cases we typically face the same situation: the exact definition of the content behind the denomination natural resources law is missing. We have to mention here that we do not know of any uniformly worked out system or definition in connection with the natural resources law in any other country either. Comparing the national solutions of the individual countries, you find a plethora of conceptions when defining natural resources
law. Due to the above mentioned difficulties, in this study we cannot try to review a solution applicable in any ages and places and prefiguring.1 Instead, much more
unpretetiously, just considering the Hungarian legal situation, we try to give a possible national approximation which, following a deeper EU, international and comperative legal analysis, can be shaped and specified. Therefore, in the first part of this study we specify a determinable study born in the frame of the United Nations (UN) in the age of forming natural resources law. We do it for two reasons: in our opinion both (a) the Hungarian jurisprudential approach of
the natural resources law (b) and the present legislation can be better interpreted and may find its place in view of a later international comparison with regard to this study. In the second part of our study, we pick out and analyze a ripe approach from the rather poor Hungarian literature on natural resources law. Finally, in the third part of the study, in view of the existing Hungarian legislation we unfold our own idea on this topic.

in: M Cremona and H Micklitz (eds) Private Law in the External Relations of the EU (Oxford University Press, 2016)

This contribution discusses regulatory private law in the energy sector as it manifests itself in the external relations of the EU. It looks at the example of the Energy Community Treaty and examines the synergy between the Council of European Energy Regulators (CEER) and the Energy Community Regulatory Board (ECRB) in facilitating customer protection in the Members of the Energy Community.

Shale gas has been defined as a revolution in the global energy landscape. This is even more true in China, whose large shale gas reserves are likely to have a crucial effect on the regional gas market and on China’s energy mix. The country is endeavoring to minimize reliance on imported fossil fuels, while it strives to address mounting energy demand and gain greater negotiating power on determining gas prices. Nonetheless, this advance does not come without risks, as shale gas exploitation poses a number of legal, regulatory and environmental challenges, which could negatively impact on future exploitation and commercialization, not only in China.

This study carries out an in-depth analysis of the current shale gas regulatory framework, moving from previous experiences of unconventional gas exploitation in the United States to evaluating their possible application to China, where regulatory and enforcement hurdles are exacerbated by an energy sector characterized by technological deficiencies, barriers to market access hindering access to resource extraction for private investors, and a limited liberalization of gas prices.
These questions are analyzed in light of problems related to water pollution originating from mismanaged drilling and fracturing, and the absence of adequate regulatory measures and industry standards regarding predictive evaluation.

The paper goes on to explore the institutional situation of fragmentation, and clashes and overlapping of competences, emphasizing how these processes impact on outcomes. The study concludes by proposing possible ways forward, involving cooperation and regulatory reforms.

The development and use of resources on one side of a border can unintentionally, yet predictably, affect resources on the other side. When one state affects another through externalities, negative results arise.  To avoid conflict, inefficiency, and environmental harm, states may effectively use structures of international cooperation, raising the question: Are states normatively obliged to consult other states about domestic resource decisions?  This essay defends criteria for understanding when circumstances of affected collective interests call for robust international decision-making procedures.  The discussion focuses on principles of inter- and trans-governmental relations, and so does not take up the issue of individual participation rights.  It asserts a strong claim that in certain cases of on-going mutual or asymmetrical effect, the principle of state permanent sovereignty over national resources does not apply.  Instead, key resource rights should be held by an interstate governmental body.

In this chapter I sketch a philosophical guideline
for determining the scope of territorial rights based on established theories of territorial claims. The scope of territorial rights should be limited to a geographical
domain within which a group can establish a site of justice.
Because currently a site of justice is not possible in the Arctic high seas, no state can extend a territorial claim to that area.
If adopted, this theory would prohibit the establishment
of claims to the Arctic high seas made by countries such as Russia, Denmark (via Greenland) and Canada.

The Kyrgyz Republic has sufficient reserves of
hydropower resources, and therefore electricity should
be regarded as one of the most important sectors of
the economy. However, the power industry’s potential
capacities are not fully utilized, and currently it is
experiencing certain financial, economic and management
difficulties. This year, in particular, inefficient management
in the power industry has resulted in massive power
outages and necessitated power supplies from abroad.
The development of market relations in power
industry might be a solution to this crisis.