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Energy laws govern the use and taxation of energy, both renewable energy and non-renewable. These are the primary authorities (such as caselaw, , rules, regulations and ) related to energy. In contrast, energy policy refers to the policy and politics of energy.
Energy law includes the legal provision for oil, gasoline, and "extraction taxes." The practice of energy law includes Oil and gas agreements and other contracts for siting, extraction, licenses for the acquisition and property law in oil and natural gas both under the soil before discovery and after its capture, and adjudication regarding those rights.
There are also periodic international meetings such as the World Forum on Energy Regulation.
There is some academic interest in the energy law of Canada, with looseleaf periodical services,Canadian Institute of Resources Law, "Canada Energy Law Service (Carswell, starting in 1990). Found at Carswell website, Open Library website and Canadian Institute of Resources Law website . Retrieved March 10, 2009. ,David Osigbernhe Iyalomh, Thesis, "Environmental Regulation of the Oil and Gas Industry in Nigeria: Lessons from Alberta's Experience," (University of Alberta 1998), found at national Library of Canada website. (.pdf) Retrieved March 10, 2009. and consultation with lawyers specializing in that practice, Fraser Milner Casgrain LLP website . (.pdf) Retrieved March 10, 2009. available.
The Supreme Court of Canada has had issued some Canadian energy case law.See, e.g., ATCO Gas & Pipelines Ltd. v. Alberta (Energy & Utilities Board), 2006 SCC 4, 2006 1 S.C.R. 140 (concerning jurisdiction and standard of judicial review) found at U Montreal website. Retrieved March 10, 2009.
Canada's energy laws are so extensive and complicated in large part because of its government-owned energy resources:
Canada and the Quebec province also own extensive hydroelectric dam facilities, which have generated not only power but controversy.Katrina Kieltyka, "Sierra Club fighting plan to buy Canadian power: Say hydroelectric dams would harm indigenous people," Legislative Gazette, March 16, 2009, p. 21, available at Legislative Gazette archives (.pdf file). Retrieved March 20, 2009.
Five nations have created the EurObserv'ER energy consortium. The EU has also created an Energy Community to extend their policies into Southeastern Europe. Austuraiu hosts the annual World Sustainable Energy Days.
The EU regulates motor vehicle emissions; see Directive 80/1269/EEC.
The German government has proposed abandoning "its planned phase-out of nuclear energy to help rein in surging electricity prices and protect the environment, according to proposals drawn up by an energy task force under Economy Minister Michael Glos." Bloomberg News story about German proposal. Retrieved August 12, 2008. The German Green Party has opposed nuclear energy, as well as the Competition law of German utilities, claiming the "energy shortfall" has been artificially created.Interview, "Green Party Energy Expert Höhn: 'The Nuclear Industry Has Invented the Energy Shortfall'" Spiegel, found at Spiegel Online. Retrieved August 21, 2008.
There is significant academic interest in German energy law.See for example, vetek.de Homepage des Instituts für Energie- und Regulierungsrecht Berlin e.V. (In German, English, Russian, and Spanish). Retrieved March 30, 2009. A chart summarizing German energy legislation is available.
In the last decade, Italy has become one of the world's largest producers of renewable energy, ranking as the world's fifth largest solar energy producer in 2009 and the sixth largest producer of wind power in 2008. Global installed wind power capacity (MW) Global Wind Energy Council 6.2.2008
In 1987, after the Chernobyl disaster, a large majority of Italians passed a referendum opting for phasing out nuclear power. The government responded by closing existing nuclear power plants and completely putting a halt to the national nuclear program. Italy also imports about 16% of its electricity need from France for 6.5 GWe, which makes it the world's biggest importer of electricity. Due to its reliance on expensive fossil fuels and imports, Italians pay approximately 45% more than the EU average for electricity." Emerging Nuclear Energy Countries ." Australian Uranium Association. April 2008
In 2004, a new Energy Law brought the possibility of joint ventures with foreign companies to build nuclear power plants and import electricity. In 2005, Italy's power company, ENEL made an agreement with Electricite de France for 200 MWe from a nuclear reactor in France and potentially an additional 1,000 MWe from new construction. As part of the agreement, ENEL received a 12.5% stake in the project and direct involvement in design, construction, and operation of the plants. In another move, ENEL also bought 66% of the Slovak Electric utility that operates six nuclear reactors. As part of this agreement, ENEL will pay the Slovak government EUR 1.6 billion to complete a nuclear power plant in Mochovce, which has a gross output of 942 MWe. With these agreements, Italy has managed to access nuclear power without placing reactors on Italian territory.
Ukraine has a separate regulatory agency to manage the Chernobyl Exclusion Zone.
There is significant geothermal power in Iceland; about 80% of the nation's energy needs are met by geothermal sources, all of which is owned by the government, or regulated by it.
Switzerland incorporated a company, Grande Dixence SA, to manage their Hydroelectric power.
Furthermore, in Israel there are certain additional laws that deal with the use of energy sources, such as the Natural Gas Sector Law, The Israeli Gas "Cartel’’ – The Battle Heats Up/ Adv. Simon Jaffa 5762-2002 which provides the conditions for the development of the natural gas sphere in Israel, and the Electricity Sector Law, 5756–1996, which established the "Public Utility Authority – Electricity" which publishes directives and regulations for the use of renewable electricity sources, including solar energy and hydro-energy.
nuclear power was a national strategic priority in Japan, but there had been concern about the ability of Japan's nuclear plants to withstand seismic activity. The Kashiwazaki-Kariwa Nuclear Power Plant was completely shut down for 21 months following an earthquake in 2007. The European Parliament's Greens-EFA Group – The World Nuclear Industry Status Report 2007 p. 23.
The 2011 earthquake and tsunami caused the failure of cooling systems at the Fukushima I Nuclear Power Plant on March 11 and a nuclear emergency was declared. 140,000 residents were evacuated. The total amount of radioactive material released is unclear, as the crisis is ongoing. On 6 May 2011, Prime Minister Naoto Kan ordered the Hamaoka Nuclear Power Plant be shut down as an earthquake of magnitude 8.0 or higher is likely to hit the area within the next 30 years.
Problems in stabilizing the Fukushima I nuclear plant had hardened attitudes to nuclear power. As of June 2011, "more than 80 percent of Japanese now say they are anti-nuclear and distrust government information on radiation".
As of October 2011, there have been electricity shortages, but Japan survived the summer without the extensive blackouts that had been predicted. An energy white paper, approved by the Japanese Cabinet in October 2011, says "public confidence in safety of nuclear power was greatly damaged" by the Fukushima disaster, and calls for a reduction in the nation's reliance on nuclear power.
Many of Japan's nuclear plants have been closed, or their operation has been suspended for safety inspections. The last of Japan's 54 reactors (Tomari-3) went offline for maintenance on May 5, 2012., leaving Japan completely without nuclear-produced electrical power for the first time since 1970. Despite protests, on 1 July 2012 unit 3 of the Ōi Nuclear Power Plant was restarted. As of September 2012, Ōi units 3 and 4 are Japan's only operating nuclear power plants, although the city and prefecture of Osaka have requested they be shut down.
The United States-Japan Joint Nuclear Energy Action Plan is a treaty aimed at putting in place a framework for the joint research and development of Nuclear power technology, which was signed on April 18, 2007. United States and Japan Sign Joint Nuclear Energy Action Plan, United States Department of Energy, published 2007-04-25, accessed 2007-05-02 It is believed that the agreement is the first that the US has signed to develop nuclear power technologies with another country, Japan & US ink pact on nuclear power reactors , Japan Times Online, published 2007-05-25, accessed 2007-05-02 although Japan has agreements with Australia, Canada, China, France, and the United Kingdom. US & Japan Sign Nuclear Power Cooperation Plan, Environment News Service, published 2007-01-10, accessed 2007-05-02 Under the plan, the United States and Japan would each conduct research into fast reactor technology, fuel cycle technology, advanced computer simulation and modeling, small and medium reactors, safeguards and physical protection; and nuclear waste management, which it to be coordinated by a joint steering committee. Fact Sheet: United States-Japan Joint Nuclear Energy Action Plan , United States Department of Energy, published 2007-04-25, accessed 2007-05-02 The treaty's progress has been in limbo since the Fukushima I nuclear accidents.
The Japan Oil, Gas and Metals National Corporation (JOGMEC) is a government-owned company involved in fossil-fuel energy exploration, amongst other activities. In 2013, its corporate workers first extracted Methane clathrate from seabed deposits.
From 1982 to 1992, the Government of Sabah owned Sabah Gas Industries for the downstream operations of Sabah natural gas resources, based in Labuan, Malaysia,
In 2017, Mexico ended its oil industry subsidies, leading to increased prices and widespread protests throughout the country.
The earliest Philippine energy law dates from 1903, during the United States Commonwealth, Act No. 667, concerning franchising for utility, Art Abernales' website Act 667 page . Accessed November 16, 2009. and Act No. 1022, which allowed such to have mortgages. Art Abernales' website Act 1022 page . Accessed November 16, 2009. A uniform act in 1929 allowed for new utilities. Act No. 3636 , as amended by Commonwealth Act 132 of 1936 . Accessed November 16, 2009.
The first coal mining law, known as the Coal Land Act, dates to 1917. Art Abernales' website Act No. 2719 page , as amended by Act No. 3516 and Republic Act 740 . Accessed November 16, 2009. Oil exploration was allowed in a 1920 law. Act No. 2932 . Accessed November 16, 2009. The Mining Act (1936) Commonwealth Act No. 137 . Accessed November 16, 2009. has been amended several times by acts and decrees.See Republic Act No. 225 , Republic Act No. 746 , Republic Act No. 4388 , Presidential Decree No. 99-a , Presidential Decree No. 295 , Presidential Decree No. 463 , Presidential Decree No. 1383 , and Presidential Decree No. 1677 . Some of the decrees by Ferdinand Marcos allowed "exploitation" of resources to unsustainable levels, strip mining and/or deforestation. Accessed November 16, 2009.
The first hydroelectric power law dates from 1933, Act No. 4062 . Accessed November 16, 2009. and have been updated since, including one that created the National Power Corporation, Commonwealth Act No. 120 . Accessed November 16, 2009. and has been amended several times through 1967.See Republic Act No. 358 , Republic Act No. 1397 , Republic Act No. 2058 , Republic Act No. 2641 , Republic Act No. 3043 , and Republic Act No. 4897 . Accessed November 16, 2009. The Renewable Energy Law (2009) encourages the development and use of non-traditional energy sources. Asia Pacific Tax Notes, p. 52, found at PriceWaterhouseCoopers China website. Accessed November 16, 2009.
Two ministries of the Kingdom of Saudi Arabia share the responsibility of the energy sector: the Ministry of Energy and the Ministry of Water and Electricity. The country's laws have also established other agencies that have some legal powers, but are not strictly regulatory. These include Saudi Aramco, originally a joint venture between the Kingdom and the California-Arabian Standard Oil, but now wholly owned by the Kingdom, and Saudi Consolidated Electricity Companies (SCECOs).
The earliest laws governing energy in Sri Lanka include the Ceylon Electricity Board Act, No. 17 of 1969, which established the state-owned Ceylon Electricity Board (CEB) to manage electricity generation, transmission, and distribution. This act was a cornerstone in centralising the country’s electricity sector but faced criticism for inefficiencies and financial challenges.
Significant updates came with the Sri Lanka Electricity Act, No. 20 of 2009, which aimed to introduce more competition and regulatory oversight. However, it was the Sri Lanka Electricity Act, No. 36 of 2024, that marked a major overhaul of the sector. This act established the National Electricity Advisory Council and designated the Public Utilities Commission of Sri Lanka (PUCSL) as the main regulator. The 2024 Act promotes market competition, facilitates private sector investment, and encourages the use of renewable energy sources.
The most recent United Kingdom energy law passed is Great British Energy Act 2025.
In the United States, energy is regulated extensively through the United States Department of Energy, as well as state regulatory agencies.
Every state, the Federal government, and the District of Columbia collect some motor vehicle . Motor Fuel Excise Tax Rates as of January 1, 2008 from the Federation of Tax Administrators website. Retrieved February 24, 2009. Specifically, these are excise taxes on gasoline, diesel fuel, and gasohol. While many states in the western U.S. rely to a great deal on severance taxes (taxes on mineral extraction), most states get a relatively small amount of their revenue from such sources. 2007 State Tax Collection by Source from the Federation of Tax Administrators website . Retrieved February 24, 2009.
Lithuania
The nation of Lithuania has an energy law, Energetikos teisė.Energetikos teisė on Lithuanian Wikipedia, citing B.Pranevičienė, S.Milčiuvienė, "Kainų teisinio reguliavimo aktualijos Lietuvos elektros energijos rinkoje, Jurisprudencija: mokslo darbai." (Vilnius: Mykolo Romerio universitetas 2 (80) tomas, 2006), p. 60–73. Retrieved March 30, 2009.
Ukraine
In Ukraine, renewable energy projects are supported by a feed-in tariff system. The law of Ukraine "On alternative sources of energy" refers to alternative energy sources: solar, wind, geothermal, hydrothermal, marine and hydrokinetic energy, hydroelectricity, biomass, landfill biogas and others. Ukrainian National Energy and Utilities Regulatory Commission and State Agency on Energy Efficiency and Energy Saving of Ukraine are the main renewable energy regulation authorities. Reforms have been made by Ukrainian government in alternative energy sphere. There is a need of energy savings services in Ukraine. Its potential reaches about 5 billion EUR only in state-owned buildings.
Other European countries
Albania has an established the Albanian Institute of Oil and Gas. Albanian Institute of Oil and Gas website . Retrieved February 27, 2010.
India
Iraq
The Iraqi Oil Ministry awards contracts to only a few companies. These contracts are called Production sharing agreements. As of July 2014, there are 23 established oil companies, but only 17 banking corporations in Iraq.
Israel
The Israel Energy Sources Law, 5750-1989 ("Energy Law"), defines what is considered as "energy" and "energy source" and its purpose is to regulate the exploitation of energy sources whilst ensuring the efficiently of its use.
Under the Energy Law, certain regulation methods of measurement have been nominated by the Israel legislature in order to regulate the efficiency of the use of the energy source. In addition to which entity shall be entitled to the pursuit and use of such sources.
Japan
Prior to the earthquake and tsunami of March 2011, and the nuclear disasters that resulted from it, Japan generated 30% of its electrical power from nuclear reactors and planned to increase that share to 40%.
Malaysia
Malaysia heavily regulates its energy sector.
Mexico
Mexico had numerous laws that subsidize oil, until c. 2017. PEMEX, a government company in charge of selling oil in Mexico is subsidized by the Mexican government. This serves to quell inflationary pressures in Mexico. Mexico buys much of its gasoline and diesel from the United States and resells it at US$98 per barrel. Many residents of US border communities cross the border to buy fuel in Mexico, thereby enjoying a cheaper fuel subsidy at the expense of Mexican taxpayers. This has caused frequent supply shortages at a number of filling stations along the border for Mexican drivers, especially truck and bus drivers who use diesel.
Pakistan
Philippines
Philippines law has provisions concerning energy, fossil fuels, and renewable energy. Art Abernales' website Energy law page . Accessed November 16, 2009. Energy law in the Philippines is important because that nation is one of the fastest growing in Asia, and has over 90
million residents.
Russia
Saudi Arabia
Saudi Arabia has some laws concerning energy, especially oil and gas law. Saudi Arabia is the largest oil producer in the world and therefore its energy law has great influence over the world's overall energy supply.
Under the Basic Law of Saudi Arabia, all its oil and gas wealth belongs to the government: "All Allah's bestowed wealth, be it under the ground, on the surface or in national territorial waters, in the land or maritime domains under the state's control, are the property of the state as defined by law. The law defines means of exploiting, protecting, and developing such wealth in the interests of the state, its security, and economy."Basic Law of Saudi Arabia Article 14, found at Retrieved October 26, 2009. Energy taxes are also specifically allowed; Article 20 of the basic law states, "Taxes and fees are to be imposed on a basis of justice and only when the need for them arises. Imposition, amendment, revocation, and exemption are only permitted by law."Basic Law of Saudi Arabia, Article 20, found at Retrieved October 26, 2009.
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Singapore
South Korea
Sri Lanka
Sri Lanka’s energy law has undergone significant reforms to enhance efficiency, attract investment, and promote renewable energy. With a growing population and increasing energy demand, these reforms are critical for sustainable development.
Turkey
Turkey's old Petroleum Law was in effect for 70 years until 2013, when it enacted a new Petroleum Law, number 6491. Amongst other provisions, it extends the permissible years for drilling permits, reduces a fee, and eliminates a state monopoly.
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The United Kingdom started the process of leaving the European community as of January 2020.
United States
This section concerns the law of the United States, as well as the states that are the most populous or largest producers of energy.
See also
General energy topics
Specific laws and policies
Academic think-tanks and associations
Renewable and alternative energy sources
Awards and standards
Further reading
External links
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