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Fracking Frames and the Courts

Lookup NU author(s): Professor Ole Pedersen, Professor Anthony Zito

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This is the authors' accepted manuscript of an article that has been published in its final definitive form by Sage Publications Ltd, 2018.

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Abstract

This article utilises the concept of policy framing to examine regulatory choices and the contestation of such choices in the context of hydraulic fracturing in the UK. The article makes no argument about the merits of fracking in the UK context, but rather explores how the institutional choices and design serve to shape the legal reasoning, thereby defining the ability of actors outside the London government to engage with its efforts to govern. Through the lens of recent judicial decisions in which claimants have sought to challenge privileged policy frames supportive of hydraulic fracturing, the article finds that the deferential approach taken by the courts serves to reinforce privileged frames, resulting in there being little scope to challenge such frames.

Publication metadata

Author(s): Pedersen OW, Zito A

Publication type: Article

Publication status: Published

Journal: Environmental Law Review

Year: 2018

Volume: 20

Issue: 4

Pages: 202-212

Print publication date: 01/12/2018

Online publication date: 06/12/2018

Acceptance date: 23/07/2018

Date deposited: 30/07/2018

ISSN (print): 1461-4529

ISSN (electronic): 1740-5564

Publisher: Sage Publications Ltd

URL: https://doi.org/10.1177/1461452918794738

DOI: 10.1177/1461452918794738

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