There’s been a lot of discussion in anti-fracking circles about some of the legal and constitutional issues around the moratoriums on shale gas, coalbed methane and underground coal gasification. Common questions centre around:
the difference between a moratorium and a ban
the legal status of the current moratoriums in Scotland
whether the Scottish Government currently has the powers to implement a ban on unconventional fossil fuels
if the Scottish Government did put a ban in place, the risks of being taken to court by a fracking company or even the UK Government
The bad news is that there are no straightforward answers to these questions; the good news is here’s a briefing that helps explain the key points.
|UFF Legal and Constitutional Brief Feb 2016.pdf||Download|