ABSTRACT
In this chapter, we demonstrate certain shortcomings in a regulatory system that may not fully take into consideration the disparate views and changing dynamics of society. We illustrate this with a case study of hydraulic fracturing regulation in Lancashire, UK, highlighting some potential problems in the way the regime has developed and been implemented to date, with a focus on lack of inclusion and accountability.
The United Kingdom began ambitious exploratory drilling to determine shale gas resources in 2017 in Lancashire in the north of England. The exploratory drilling, in the Preston New Road site, comes after drilling was suspended in 2011 following earth tremors near Blackpool. The development of shale gas reserves in the UK is highly contentious, due to the potential for negative impacts, and research has shown a decline in public support. There is currently no single “fracking” regulatory framework to monitor and assess the environmental and health impacts of unconventional gas extraction but rather a piecemeal regime that draws largely on UK and EU regulations covering traditional drilling technologies. The current regime draws from existing mining and energy regulation, site health and safety laws, planning approvals and environmental impact assessment. These regulations are predominantly pragmatic and are largely concerned with meeting minimum standards and licencing approval requirements to ensure that basic environmental and working conditions are met. This is a limited approach to the regulation of fracking in relation to “bigger picture” issues, inter alia, sustainable development, accountability, inclusive decision-making, environmental and social justice, inter- and intra-generational equity, health, property impacts and global climate change impacts.
