Expert Articles: Legislation

The SHIP collection of expert articles is continuously developed and updated.


Polish unconventional resources: Implementation of European Energy Policy

Author: Michal Tarka

Published: June 30, 2015

European Energy Policy envisages the concerted action of the member states, aimed at providing them with secure, environmentally-friendly and competitive energy supplies. Since the establishment of the European Coal and Steel Community (1952) and .... [read more]


Providing local communities with active participation in legal procedures and with knowledge concerning such procedures as a tool for sustainable development of shale gas investments in Poland.

Author: Michal Tarka

Published:  June 2, 2014

The implemented “Together about shale gas” ["A consensus on shale gas"] information campaign brought a number of opinions from the areas covered by this programme, concerning the social perception and social acceptance as well as... [read more]


How to apply European Commission Recommendations in real life: Stara Kiszewa case study

Author: Michal Tarka

Published:  March 21, 2014

As an expert for the “Together about shales” ["A consensus on shale gas"] programme financed by the National Fund for Environmental Protection (NFEP), I have analyzed one of the first cases of a shale gas licence to which... [read more]


The legal consequences of European Commission recommendations on minimum principles for shale gas in Poland.

Author: Michal Tarka

Published: February 18, 2014

On 22 January, 2014 the European Commission published a Recommendation specifying minimum principles for the exploration and production of hydrocarbons using high volume hydraulic fracturing... [read more]


New developments in the debate about shale gas extraction using hydraulic fracturing - European Parliament demands mandatory Environmental Impact Assessment (EIA)

Author: Anna Alexandra Seuser

Published: October 16, 2013

On Wednesday, October 9, 2013, the European Parliament examined the question of revising the Environmental Impact Assessment Directive (EIA) and formulated a request for a mandatory... [read more]


New Draft Rules for Hydrocarbon Exploration and Production in Poland

Author: Ewa Rutkowska-Subocz

Published: May 14, 2013

On 15 February 2013 the Polish government published a Bill to amend the Act on Mining and Geological Law and other laws governing the process of mineral exploration and production (the “Bill”). The Bill introduces special solutions with respect to hydrocarbon exploration and production and hence is of particular importance for the shale gas industry. ... [read more]

For further reading about shale gas exploration and production in Poland click here


Overview of Environmental Issues and US Regulatory Framework Pertaining to US Shale Gas Development

Author: Susan L. Sakmar

Published: May 1, 2012
Updated: September 17, 2012

The development of shale gas in the United States has been widely recognized as one of the most promising trends in U.S. both in terms of job creation and economic benefits as well as its resulting increase in the domestic supplies of natural gas. Many people view natural gas as a cleaner-burning fossil fuel that could enhance energy independence... [read more]


France: Evolutions in the legal framework for shale oil and gas

Author: Boris Martor

Published: March 14, 2012
Updated: July 16, 2015

In March 2010, the French Government (hereafter referred to as the “Government”) delivered the first research permits to explore shale oil and gas in France1. Afterwards French opponents of shale oil and gas operations focused... [read more]


Germany: Legal aspects of shale gas exploration and extraction

Author: Grit Ludwig

Published:  March 14, 2012

Hydraulic fracturing (fracking) involves injecting water, sand, and a mixture of chemicals at high pressure into a rock formation deep below the surface. This opens new and pre-existing fractures in the rock allowing natural gas to migrate from the rock to the well and rise to the surface. The technology makes it possible to exploit gas... [read more]

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Relationship between state law set by the German federal government and potentially deviant legal positions of the federal states

Outlining the legal structures of the approval procedure concerning hydraulic fracturing (fracing) in the German State, several distinctions as well as positions of points have to be fulfilled. Concerning this matter, there has to be distinguished precisely between the requirements set under mining law on the one hand and under the law... [read more]

Author:  Anna Alexandra Seuser

Published:  May 22, 2012


Poland: Legal aspects of shale gas exploration and production

Author: Ewa Rutkowska-Subocz

Published:  March 14, 2012

Poland is believed to have major shale gas deposits. The shale gas deposits are believed to be located in a zone stretching from the north-west to the south-east of Poland. About 100 prospecting/exploration concessions have been already granted by the Polish Ministry of Environment. Consequently, most of the area of potential interest is... [read more]


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