The New German `Fracking´ Package

Today my latest paper called `The new German `fracking´ package was published, open access, in the Journal of Energy and Natural Resources Law. The article analyses substantial incoherencies in the new German framework on hydraulic fracturing and shale gas extraction, which went into force in February 2017. It argues that these flaws make the framework susceptible to, potentially successful, legal challenges by energy companies in the future.
Germany is a relative late-comer among its European peers when it comes to hydraulic fracturing and shale gas regulations. It was not until February 2017 that Germany’s new regulations in this field took effect. This article analyses the main features of the new German ‘fracking’ regulations, situates them in the context of European Union law on unconventional gas and provides background information on the evolution of European and German ‘fracking’ regulation. It critically assesses the six core features of the German ‘fracking’ package and concludes that considerable issues and incoherencies in the formulations might lead to successful legal challenges of the package by the industry.

The article is available, open access, via: http://www.tandfonline.com/doi/full/10.1080/02646811.2017.1318571

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