"There won't be fracking of shale gas or coal gas for economic reasons in the foreseeable future," confirmed Hendricks. However, one can read in between the lines and see that there is still room for exploitation by natural gas corporations. Case in point: there are a number of "special circumstances" which would allow fracking to circumvent the legislation. An example is that the law's language states that "unconventional" fracking cannot take place more than 3,000 meters below the surface - but "conventional" fracking can. While this will still effectively prevent fracking from, in most cases, contaminating groundwater, it will not prevent it from triggering small earthquakes.
Political parties including the Green Party have reacted with strong criticism; the chairman of the Greens' parliamentary group, Oliver Krischer, went as far as to call it a "fracking-enabling law," recognizing the distinction between this potentially deceptive proposal and an actual fracking ban - "a regulation that does not allow fracking in Germany and without loopholes that are as big as a barn door."
Hubertus Zdebel of the Left party agreed, noting, "Fracking must be banned in Germany without any exceptions. To say that there is a fracking ban in the paper is window dressing. They want to enforce a regulation which mostly allows fracking under the guise of an alleged ban." Citing estimates obtained from the Federal Institute of Geosciences and Natural Resources, he added, "The planned restrictions will still allow the exploitation of half of all unconventional natural gas deposits in Germany." He also said there are other potential risks associated with allowing deep fracking, including uncontrolled methane gas emissions.
Francisco Szekely, writer for EnergyBiz, remarked that the legislation is likely a play to quell environmentalists' fears while also reducing Germany's dependency upon Russia for gas imports. He said, however, "This decision is not a sustainable solution. The temporary relief of geopolitics should not be achieved at the long-term cost of environmental degradation. To put our economy and our world on a path to sustainability, governments and companies need to focus on doing real good for society and not just doing less harm, as seems to be the case" with this fracking issue.
"With evidence of climate change becoming clearer than ever," he added, Germany should be "thinking carefully before allowing fracking in their territory. Moreover, whatever short-term promise fracking offers is also taking our sense of urgency away from transitioning to more renewable sources of energy such as wind and solar power."
So in short, one might conclude, Germany's "fracking ban" may be little more than a smoke-and-mirror tactic. Said Szekely: "To quote Albert Einstein, 'We cannot solve problems by using the same kind of thinking we used when we created them.'"