Energy and Climate Law

  Today the European Commission presented its proposals for a new gas package, called the ` Hydrogen and Decarbonized Gas Markets´-package. The package consists of a revised Gas Directive (COM(2021) 803 final) (hereafter: rGD), a revised Gas Regulation (COM(2021) 804 final) (hereafter: rGR) and a Regulation on the Reduction of Methane Emissions in the Energy Sector (COM(2021) 805 final) (hereafter: MER). Today`s proposal are only the beginning of a longer legislative process, as the package needs to be discussed with and resolved by the Council and the European Parliament. However, it is crucial in setting the tone and the main pillars. Can the package deliver on hydrogen regulation, decarbonization and gas security of supply? This blog post takes a look and provides a legal analysis of the proposed revisions.

The German National Regulatory Authority for Energy (Bundesnetzagentur) has today suspended its long awaited decision on the procedure to certify Nord Stream 2 AG as an independent transmission operator. Following a thorough examination of the documentation, the Bundesnetzagentur concluded that it would only be possible to certify an operator of the Nord Stream 2 pipeline if that operator was organised in a legal form under German law.

    On 13 October 2021 the European Commission realesed a Communication to the European Parliament , in which it proposes measures to tackle the currently soaring energy prices in Europe. The toolbox includes 2 types of measures: some are directed towards the Member States and proposes a set of measures for Member States to pick and choose. A second set of measures is directed towards the EU itself. But will this help to alleviate the currently unfolding energy price crisis? This blogpost analyzes the main tools in this box and assesses them in view of their effectiveness.

On 26 September 2021 general elections in Germany concluded with a tricky result. Negotations to form a coalition government are complicated. But the aims of which parties overlap the most when it comes to  energy and climate? This blog entry analysis party positions on energy and climate of the 4 most likely German parties in Germany, tipped to play a role in coalition negotiations, namely CDU/CSU, SPD, Grüne and FDP.

The Court of Justice of the European Union found on 2 September 2021 in case C-718/18 that Germany failed to properly transpose various provisions of the main EU Energy Directives of the Third Energy Package, namely 2009/72 (electricity) and 2009/73 (gas). Especially the allocation of responsibilities in German energy law ( Energiewirtschaftsgesetz EnWG ) is not in line with the envisaged responsibilities reserved exclusively for national regulatory authorities. In other words: the court found that there is too much possibility for political influence on decisions on network-bound energy in Germany. But what does this mean in detail? Will German Energy Law now have to undergo fundamental revision?

The energy and climate law blog is on summer break. Enjoy the sun and recharge batteries! The blog returns with new analyses on energy and climate law in Autumn. Many thanks for your support and have a good summer time!

Together with colleagues Kaisa Huhta and Leonie Reins, i had the honour of editing the first book project of the International Association of Energy Law. Our book tries to clarify what energy democracy means in legal terms and what influences of the concept are for energy and environmental law. The book has recently been published with Brill .  

  Our Encyclopedia on Energy Law, Climate Change and the Environment has now been published and may be ordered at Edward Elgar . Co-edited with Martha Roggenkamp and Kars de Graaf, I am honoured to have been part of this magnificent team, producing what now turned out to be a truly comprehensive work on the interrelation between energy law and sustainability. Featuring 65 entries written by leading international scholars and practitioners in the field, the volume is organised into eight thematic parts, each focusing on a specific area of the energy sector. This volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. Topics covered include international energy cooperation, the regulation and governance of energy markets, legal regime

What is the role of law in sustainable energy democracy? How can law help to shape the concept of energy democracy and how can it be translated into concrete legal action? A new podcast by Govtran featuring Kaisa Huhta and Leonie Reins discusses our latest book, forthcoming in September 2021 with Brill , that has been co-authored by brilliant energy and environmental scholars from the International Association of Energy Law. 

    By Ceciel Nieuwenhout, Postdoctoral researcher at GCELS and City Council member for GroenLinks On 17 March 2021 the people of the Netherlands will elect a new House of Representatives ( Tweede Kamer) , which also kickstarts the formation process for a new government ( regering). This blogpost shows what is at stake regarding climate and energy policy, focusing on the election programmes of the different political parties. This blog consists of three parts. First, an introduction to the political landscape of the Netherlands will be given. Second, the context of these elections and the position of energy and climate policy therein will be illustrated. The third part of the blog shows the positions of the parties on various themes: general climate targets and international cooperation; the different opinions on the energy mix of the future; developments in hydrogen, infrastructure, storage and CCS. It concludes with some remarks on the built environment, and finally, the question “w

  A new article has been published open access in the Journal for European Environmental & Planning Law (Ruven Fleming and Romain Mauger `Green and Just? An update on the `European Green Deal´ (2021) Volume 18 Journal For European Environmental & Planning Law 164-180). The article is available for free here and the abstract is displayed in this blogpost.

On 29 January 2021 Nigerian farmers succeeded with their claims against Royal Dutch Shell in two cases concerning oil spills in the Niger Delta from Shell`s pipelines in the villages Oruma and Goi. The conduct of Shell in Nigeria has been subject of debate for decades and the cases raise a number of interesting legal issues.  Shell claimed that the leakage from both pipelines, which polluted the fields of the farmers, was caused by `sabotage´of the pipelines. The court found, instead, that the evidence presented for sabotage did not meet the legal requirements. This blog entry illuminates the cases and discusses the underlying legal issues of liability with a view to oil pollution in Nigeria.

 In November 2020 the Regional Comprehensive Economic Partnership Agreement (RCEP) has been concluded. The world`s larget free trade agreement covers an area accounting for 30% of the world population (more than 2 billion people). While the conclusion of the RCEP went largely unnoticed in most western countries it has huge implications for the future of international trade. This blogpost explains the background of the negotiations that led to the RCEP and then scrutinizes its content with particular focus on energy and the environment.