UNDERMINING DEVOLUTION AT DEPTH: THE IMPLICATIONS FOR THE DEVOLUTION OF ENVIRONMENTAL POWERS OF THE INFRASTRUCTURE ACT 2015 AND THE PRACTICE OF HYDRAULIC FRACTURING.

The article addresses the regulatory issues presented by of the use of hydraulic fracturing or ‘fracking’ at the borders of the devolved nations of the United Kingdom, with particular focus on the border between England and Wales. Having outlined the flaws in the present regulatory system the authors consider the wider implications this has for the regulation of this potentially emerging industry. The piece aims to highlight that the issue presented for established regulation of the oil and gas extraction industry by the practice of hydraulic fracturing is novel and threatens to undermine it more widely. Potential solutions are offered by the authors alongside a warning that regardless of the response chosen what might appear a minor issue presents far greater regulatory challenges than are evident at first sight.