Category Archives: Energy

A new approach to regulating unconventional resource plays in Alberta: the ERCB takes a bold step forward

PDF version: A new approach to regulating unconventional resource plays in Alberta: the ERCB takes a bold step forward Document commented on: ERCB Discussion Paper, Regulating Unconventional Oil and Gas in Alberta, 2012 In the weeks before Christmas the Energy … Continue reading

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Duty to consult application is premature – what’s the big deal?

PDF version: Duty to consult application is premature – what’s the big deal? Case and decision commented on: Metis Nation of Alberta Region 1 v Joint Review Panel, 2012 ABCA 352 and decision of the Joint Review Panel  In this decision … Continue reading

Posted in Aboriginal, Administrative Law, Energy | 3 Comments

Natural gas storage rights in Ontario: questions of jurisdiction and interpretation

PDF version: Natural gas storage rights in Ontario: questions of jurisdiction and interpretation Case commented on: Tribute Resources v 2195002 Ontario Inc, 2012 ONSC 25 (on the jurisdictional issue) and 21955002 Ontario Inc v Tribute Resources Inc (on the interpretation … Continue reading

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Applicants to a feed-in tariff program must expect change.

PDF version: Applicants to a feed-in tariff program must expect change. Case Commented on: Skypower CL 1 LP et al v Minister of Energy (Ontario) et al, 2012 ONSC 4979 In an earlier post entitled “Low carbon energy policies: vested … Continue reading

Posted in Administrative Law, Climate Change, Energy | Leave a comment

Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title

PDF version: Court of Appeal confirms QB decision that coalbed methane forms part of the natural gas title and not the coal title Case Considered: Encana Corporation v Devon Canada Corporation, 2012 ABCA 271, aff’g 2011 ABQB 431.  The Court of … Continue reading

Posted in Energy, Natural Resources, Property | 1 Comment

Quest. The Energy Resources Conservation Board approves the first commercial scale carbon capture and storage project in Alberta

PDF version: Quest. The Energy Resources Conservation Board approves the first commercial scale carbon capture and storage project in Alberta Decision commented on: Shell Canada Limited, Application for the Quest Carbon Capture and Storage Project, Radway Field, July 10, 2012, … Continue reading

Posted in Administrative Law, Carbon Capture and Storage, Energy, Natural Resources, Oil & Gas | 1 Comment

British Columbia and the Northern Gateway Pipeline

PDF version: British Columbia and the Northern Gateway Pipeline Document commented on: BC Outlines requirements for heavy oil pipeline projects, July 23, 2012. The proposed Northern Gateway Pipeline is proving to be extremely contentious on a number of fronts. It … Continue reading

Posted in Constitutional, Energy, Natural Resources, Oil & Gas | 14 Comments

The Proposed Single Energy Regulator: Where Are We Now and Where Do We Go from Here?

PDF version: The Proposed Single Energy Regulator: Where Are We Now and Where Do We Go from Here? Report commented on: Enhancing Assurance: Developing an integrated energy resources regulator, A Discussion Document, May 2011  It has been over a year … Continue reading

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Low carbon energy policies: vested rights, legitimate expectations and differential treatment in domestic and international law

PDF version: Low carbon energy policies: vested rights, legitimate expectations and differential treatment in domestic and international law Cases and matters commented on: Secretary of State for Climate Change v Friends of the Earth and Others, [2012] EWCA Civ. 28, … Continue reading

Posted in Administrative Law, Carbon Capture and Storage, Climate Change, Energy, International Law | Leave a comment

Unjustly discriminatory rates on Ventures Pipeline to continue; the Commission decides that it lacks jurisdiction to set interim or final rates.

PDF version: Unjustly discriminatory rates on Ventures Pipeline to continue; the Commission decides that it lacks jurisdiction to set interim or final rates. Cases and decisions commented on: (1) AEUB Decision 2006-105, Suncor Energy Inc., Preliminary Decision Regarding Jurisdiction to … Continue reading

Posted in Administrative Law, Energy | 1 Comment