Author Archives: Nigel Bankes

About Nigel Bankes

B.A., M.A. (Cantab.), LL.M. (UBC). Professor. Chair of Natural Resources Law. Member of the Alberta Bar. Please click here for more information.

Province of Alberta Announces a Two-step Process for Developing a New Climate Change Policy

By: Nigel Bankes PDF Version: Province of Alberta Announces a Two-step Process for Developing a New Climate Change Policy Matter Commented On: Minister Shannon Phillips’ Press Conference on Alberta’s climate change strategy, June 25, 2015 A central element of Alberta’s … Continue reading

Posted in Carbon Capture and Storage, Climate Change, Energy, Environmental | Leave a comment

The Social Licence to Operate: Mind the Gap

By: Nigel Bankes PDF Version: The Social Licence to Operate: Mind the Gap This post is based on an invited presentation that I gave at the Canadian Energy Law Forum on May 14, 2015 in Lake Louise. I began my … Continue reading

Posted in Energy, Environmental, Rule of Law | 1 Comment

Court of Appeal Confirms ISO Rule on the Allocation of Intertie Capacity

By: Nigel Bankes PDF Version: Court of Appeal Confirms ISO Rule on the Allocation of Intertie Capacity Case Commented On: Saskatchewan Power Corporation v Alberta (Utilities Commission), 2015 ABCA 183 With the commissioning of the Montana/Alberta intertie – a transmission … Continue reading

Posted in Energy | Leave a comment

Landowners Can’t Use the Surface Rights Board to Mount a Collateral Attack on the Approval of a Transmission Line

By: Nigel Bankes PDF Version: Landowners Can’t Use the Surface Rights Board to Mount a Collateral Attack on the Approval of a Transmission Line Case Commented On: Togstad v Alberta (Surface Rights Board), 2015 ABCA 192 In a completely predictable … Continue reading

Posted in Constitutional, Energy | Leave a comment

Aboriginal Title Claim Against a Private Party Allowed to Continue

By: Nigel Bankes     PDF Version: Aboriginal Title Claim Against a Private Party Allowed to Continue Case Commented On: Ominayak v Penn West Petroleum Ltd, 2015 ABQB 342 Some forty or so years ago the Lubicon Lake Band and Chief Bernard … Continue reading

Posted in Aboriginal, Oil & Gas | 1 Comment

ITLOS Special Chamber Prescribes Provisional Measures with Respect to Oil and Gas Activities in Disputed Area in Case Involving Ghana and Côte d’Ivoire

By: Nigel Bankes PDF Version: ITLOS Special Chamber Prescribes Provisional Measures with Respect to Oil and Gas Activities in Disputed Area in Case Involving Ghana and Côte d’Ivoire Decision Commented On: International Tribunal on the Law of the Sea (ITLOS), … Continue reading

Posted in International Law, Law of the Sea, Natural Resources, Oil & Gas | Leave a comment

Summary Judgment on Contested Amounts Owing under Natural Gas Processing and Related Agreements

By: Nigel Bankes PDF Version: Summary Judgment on Contested Amounts Owing under Natural Gas Processing and Related Agreements Case Commented On: SemCAMS ULC v Blaze Energy Ltd, 2015 ABQB 218 This is an important judgment on the interplay between the … Continue reading

Posted in Contracts, Oil & Gas | Leave a comment

Crown Oil Sands Dispositions and the Duty to Consult

By: Nigel Bankes PDF Version: Crown Oil Sands Dispositions and the Duty to Consult Case Commented On: Buffalo River Dene Nation v Ministry of Energy and Resources and Scott Land and Lease Ltd, 2015 SKCA 31 The Saskatchewan Court of … Continue reading

Posted in Aboriginal, Oil & Gas | Leave a comment

The Bilcon Award

By: Nigel Bankes PDF Version: The Bilcon Award Award Commented On: The Claytons and Bilcon v Canada, NAFTA, UNCITRAL Rules, 17 March 2015 Once again Canada has lost an important investor/state arbitration under Chapter 11 of NAFTA (for a post … Continue reading

Posted in Environmental, International Investment, International Trade | Leave a comment

An Update on the Northern Gateway Litigation

By: Nigel Bankes PDF Version: An Update on the Northern Gateway Litigation Cases Commented On: Forest Ethics Advocacy Association v Northern Gateway Pipelines Inc, 2015 FCA 26; Gitxaala Nation v Northern Gateway Pipelines Inc, 2015 FCA 27; Gitxaala Nation v … Continue reading

Posted in Aboriginal, Energy, Intervenors and Standing | Leave a comment