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The Law of Energy Underground: Understanding New Developments in Subsurface Production, Transmission, and Storage

Edited by: Donald N. Zillman, Aileen McHarg, Adrian J. Bradbrook, Lila Barrera-Hernandez

ISBN13: 9780198703181
Published: March 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £105.00



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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.

Subjects:
Energy and Natural Resources Law
Contents:
Introduction

SECTION ONE: PROPERTY RIGHTS IN UNDERGROUND RESOURCES
1. The Common Law of Subsurface Activities
2. The Civil Law Treatment of Subsurface Resources
3. The Development of United States Common Law Concerning Underground Resources
4. The Roman-Dutch Perspective on Subsurface Issues

SECTION TWO: THE INTERNATIONAL LAW TREATMENT OF SUBSURFACE RESOURCES
5. International Legal Regimes for Subsurface Activities

SECTION THREE: GOVERNING UNCONVENTIONAL OIL AND GAS EXTRACTION
6. Regulating Hydraulic Fracturing in a Mature Energy Jurisdiction
7. United States Treatment of Fracking
8. Development of Argentine Unconventional Reserves
9. Japan's Undersea Resources and Its New Mining Act
10. The New Algerian Legislation on Shale Gas and other Hydrocarbons
11. Shale Gas Regulation in Colombia

SECTION FOUR: ADDRESSING ENVIRONMENTAL AND SUSTAINABILITY ISSUES UNDERGROUND
12. British Encouragement and Regulation of Carbon Capture and Storage
13. The Law and Policy for Carbon Capture and Storage Technologies in China
14. Dynamic Regulation and Technological Competition: A New Legal Approach to Carbon Capture and Storage
15. Comparative Analysis of Contemporary Geothermal Development
16. Siting Nuclear Waste Disposal
17. Electricity Substation Undergrounding in Russia

SECTION FIVE: RESOLVING UNDERGROUND RESOURCE CONFLICTS AROUND THE WORLD
18. Energy Underground: New Developments in the Netherlands
19. German Legal Responses to New Subsurface Technologies
20. Australian Responses to New Underground Technologies
21. Management of Subsurface Conflicts in Canada
22. Spain's Approach to New Underground Technologies
23. Practices in Sub-Saharan Africa