This article examines whether the discretion of European Union (EU) Member States to approve new oil and gas extraction projects is restricted by EU law. It shows that greenhouse gas emissions from such projects must be considered in environmental impact assessments under the Environmental Impact Assessment and Strategic Environmental Assessment Directives. This includes emissions from the combustion of extracted oil and gas by end users (scope 3 emissions). The article also shows that Member States' discretion to approve new oil and gas extraction projects is significantly limited by their climate‐related obligations under EU law, as well as by the duty of sincere cooperation in the context of the EU's international commitments under the Paris Agreement.
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Clemens Kaupa (2024) studied this question.
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