Author Archives: Shaun Fluker

About Shaun Fluker

BComm (Alta.), LLB (Vic.), LLM (Calg.) Associate Professor. Shaun joined the Faculty of Law in July 2007. He is an active member of the Law Society of Alberta with experience providing legal services in the areas of corporate/commercial, securities, environment and administrative law. Subjects instructed include administrative law, legal theory, statutory drafting and interpretation, endangered species and protected areas, environmental ethics, and environmental law clinical practice. Shaun's research work focuses on the use of legal process by public interest environmental groups and access to justice generally in environmental law, implementing environmental concepts such as the preservation of wildness or ecological integrity in law, and the regulation of environmental markets.

Leave to Appeal Granted in NRCB Case Concerning Participatory Rights and the Interpretation of ‘Directly Affected’ Persons Entitled to a Hearing

By: Shaun Fluker PDF Version: Leave to Appeal Granted in NRCB Case Concerning Participatory Rights and the Interpretation of ‘Directly Affected’ Persons Entitled to a Hearing Decision commented on: JH Drilling Inc. v Alberta (Natural Resources Conservation Board), 2014 ABCA … Continue reading

Posted in Environmental, Intervenors and Standing, Natural Resources | Leave a comment

Unlawful Delay in the Preparation of Recovery Strategies under SARA and New Questions about Northern Gateway

By: Shaun Fluker PDF Version: Unlawful Delay in the Preparation of Recovery Strategies under SARA and New Questions about Northern Gateway Case commented on: Western Canada Wilderness Committee v Canada (Fisheries and Oceans), 2014 FC 148  The federal government is … Continue reading

Posted in Oil & Gas, Protection of Species | Leave a comment

Get Ready For a Whale of a Time: Northern Gateway and Species at Risk

By: Shaun Fluker PDF Version: Get Ready For a Whale of a Time: Northern Gateway and Species at Risk Decision commented on: Report of the Joint Review Panel for the Enbridge Northern Gateway Project In December 2013 federal authorities recommended … Continue reading

Posted in Environmental, Oil & Gas, Protection of Species | 3 Comments

The Curious Case of the Greater Sage Grouse in Alberta

By Shaun Fluker  PDF Version: The Curious Case of the Greater Sage Grouse in Alberta Legislation commented on: Emergency Order for the Protection of the Greater Sage Grouse, PC 2013-2045  The Greater Sage Grouse is on the brink of disappearing … Continue reading

Posted in Protection of Spaces, Protection of Species | 1 Comment

Protecting Alberta’s Environment Act: A Keystone Kops Response to Environmental Monitoring and Reporting in Alberta

By Shaun Fluker PDF Version: Protecting Alberta’s Environment Act: A Keystone Kops Response to Environmental Monitoring and Reporting in Alberta Legislation commented on: Protecting Alberta’s Environment Act, SA 2013, c P-26.8 The Protecting Alberta’s Environment Act received royal assent on December … Continue reading

Posted in Environmental, Oil & Gas | Leave a comment

Amended Rules of Practice for the Alberta Energy Regulator: More Bad News for Landowners and Environmental Groups

PDF Version: Amended Rules of Practice for the Alberta Energy Regulator: More Bad News for Landowners and Environmental Groups Legislation commented on: Alberta Energy Regulator Rules of Practice as amended by Alta Reg 203/2013 In the Fall of 2012 ABlawg … Continue reading

Posted in Energy, Intervenors and Standing, Responsible Energy Development Act | 1 Comment

Linking the California and Québec Emissions Trading Schemes

PDF Version: Linking the California and Québec Emissions Trading Schemes Agreement commented on: Agreement Between the California Air Resources Board and the Gouvernement Du Québec Concerning the Harmonization and Integration of Cap-and-Trade Programs for Reducing Greenhouse Gas Emissions In late … Continue reading

Posted in Climate Change | Leave a comment

A Stay of Proceedings and Endangered Species at the Environmental Appeals Board

PDF Version: A Stay of Proceedings and Endangered Species at the Environmental Appeals Board Decision commented on: Hanson and Lindberg v Director, Northern Region, Operations Division, Alberta Environment and Sustainable Resource Development, re: County of St. Paul (07 November 2013), … Continue reading

Posted in Environmental, Protection of Species | 2 Comments

The Smoking Gun Revealed: Alberta Environment Denies Environmental Groups Who Oppose Oil Sands Projects the Right to Participate in the Decision-Making Process

PDF Version: The Smoking Gun Revealed: Alberta Environment Denies Environmental Groups Who Oppose Oil Sands Projects the Right to Participate in the Decision-Making Process Cases Considered: Pembina Institute v Alberta (Environment and Sustainable Resource Development), 2013 ABQB 567 This decision … Continue reading

Posted in Access to Justice, Environmental, Intervenors and Standing | 4 Comments

Who Gets the Final Say on a Mineral Royalty Calculation? And Some Grumbling on Standard of Review Analysis

PDF Version: Who Gets the Final Say on a Mineral Royalty Calculation? And Some Grumbling on Standard of Review Analysis Case considered: Saskatchewan (Ministry of Energy and Resources) v Areva Resources Canada Inc., 2013 SKCA 79 This comment looks at … Continue reading

Posted in Administrative Law, Natural Resources | Leave a comment