Underground space, the legal governance of a critical resource in circular economy

Abstract During the last two decades the enhanced multiple use of underground resources and space led to a growing number of issues which the current European Union (EU) and/or its Member States (MS) national legal and regulatory frameworks and knowledge bases are not able to manage efficiently, from a sustainable development perspective. With a focus on Europe, this study is a horizon scanning review to raise awareness on this situation and highlight new need for governance solutions which may fit diverse legal and authority settings in the different jurisdictions, and support the transition towards a more circular economy, decoupling subsurface resources and space use from the negative impacts this use frequently causes. It involves the legal acknowledgement of underground resources and space as mostly finite resources. The identification of resources owners, the conflicting interests of the multiple stakeholders, the clear designation of the physical conditions and dynamics related to each resource category, the interactions between subsurface and surface resources are making the regulation, planning and use of subsurface natural resources a complex, but necessary task for public authorities. Establishing a harmonized public authority scheme of permitting and sustainable resource management, supported by the development of a 3D (and 4D) information and resource classification system should be a priority for the EU and its MS. The preliminary results and legal analogues indicate that underground space utilization can also be assessed in the criticality context.