The Renewable Energy Directive III and the streamlining of environmental procedures: a paradigm shift in EU environmental policy?

Abstract

The European Union (EU) faces the challenge of accelerating its energy transition to meet climate targets while protecting the environment. In 2023, it amended its Renewable Energy Directive (RED III) to accelerate the development of renewable energy by streamlining environmental procedures. This move has environmental consequences, illustrating the tension between energy, climate, and environmental objectives. The revised Directive not only narrow the scope of key obligations in nature conservation but also replaces these traditional legal instruments altogether with streamlined or so-called design techniques, eliminating undesirable interventions and outcomes by pre-structuring decision-making pathways towards specific policy goals. In light of concepts from policy studies, we argue that such regulatory choices illustrate the beginning of a potential paradigm shift in EU environmental law. Such a shift should raise concerns regarding its potentially disruptive effects on EU environmental law and require further empirical research on its implementation by Member States.