EU Law and the Energy Transition: Leaving Soils Behind?

Despite providing essential ecosystem functions and being vital for human well-being, soil remains the most underregulated natural component within European Union (EU) law, lacking an overarching legal framework. While this omission has been previously identified, this chapter aims to provide a comprehensive overview of how the EU has balanced the pressing needs arising from energy transition policy on the one hand, and the EU soil policy goals of protecting, restoring, and sustainably managing soil on the other, as prescribed by the integration principle. To this end, we begin by offering a critical overview of EU climate and energy laws and policies. In order to provide a comprehensive analysis of how soil impacts are considered, we also examine other laws and policies that shape the broader context of the energy transition, including regulations on critical raw materials and sustainable investment. Finally, we analyse how the EU Nature Restoration Law addresses soil scarcity in the context of pressing energy policies. We conclude that the difficult choice between protecting soil ecosystems and advancing the energy transition has been resolved in EU law in favour of the latter.