Category Archives: Energy

The SGER Amendments and the New Treatment of Cogeneration

By: Nigel Bankes PDF Version: The SGER Amendments and the New Treatment of Cogeneration Regulation Commented On: Specified Gas Emitters Amendment Regulation, Alta Reg 104/2015 In a previous post I reported on the Minister’s speech announcing a two-step procedure for … Continue reading

Posted in Climate Change, Energy, Environmental | Leave a comment

Supreme Court: EPA Should Have Considered Cost When Deciding Whether Mercury Limits for Power Plants Were Appropriate

By: James Coleman PDF Version: Supreme Court: EPA Should Have Considered Cost When Deciding Whether Mercury Limits for Power Plants Were Appropriate Case Commented On: United States Supreme Court, Michigan v. United States Environmental Protection Agency (June 29, 2015) On … Continue reading

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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

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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

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Reflections on the Alberta Energy Regulator’s Best-In-Class Regulatory Initiative

By: Fenner Stewart PDF Version: Reflections on the Alberta Energy Regulator’s Best-In-Class Regulatory Initiative Initiative Commented On: Alberta Energy Regulator’s Best-In-Class Regulatory Initiative The University of Pennsylvania’s Penn Program on Regulation (PennReg) has now completed its consultation of experts and … Continue reading

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Leave to Appeal granted in Ernst v Alberta Energy Regulator

By: Jennifer Koshan PDF Version: Leave to Appeal granted in Ernst v Alberta Energy Regulator Case commented on: Ernst v Alberta Energy Regulator, 2013 ABQB 537, aff’d 2014 ABCA 285, leave to appeal granted April 30, 2015 (SCC) Today the … Continue reading

Posted in Constitutional, Energy | 1 Comment

“Do Corporations Cry Wolf? — Comparing What Companies Tell Regulators With What They Tell Investors”

By: James Coleman PDF Version: “Do Corporations Cry Wolf? — Comparing What Companies Tell Regulators With What They Tell Investors” Corporations regularly complain that new regulations will harm their business and the broader economy. How seriously should we take those … Continue reading

Posted in Corporate / Commercial, Energy, Securities | 1 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