ABSTRACT
Regulation of unconventional gas development in Australia and the US offers a comparative glimpse into the role of property rights and governmental regulation in shaping public perceptions, participation, and outcomes of energy extraction. In the US, gas resources are mostly owned by private landowners; in Australia, as in many European countries, these minerals are publicly owned, although they are often located underneath privately owned land. Vitriolic debate over issues of technological risk and environmental justice is found in both nations, each shaped by how property rights are legally – and socially – constructed, with regulatory fairness and opportunities for participation emerging as key themes in these debates. This chapter contributes to the understanding of energy governance by conceptualizing the nature of property and mineral ownership across differencing international contexts. The chapter briefly trace how land and mineral ownership regimes emerged in both Australia and the US, as well as the emergence and regulation of unconventional gas industries. It then examines how property rights in each nation has influenced – and in many cases – driven discourse and debate over the costs and merits of gas development.
