Category Archives: Environmental

Two Alberta Perpetuities Stories

By: Nigel Bankes PDF Version: Two Alberta Perpetuities Stories Matters Commented On: Bill 8, Justice Statutes Amendment Act and Gottlob Schmidt’s donation to the province of Antelope Provincial Park This post covers two matters. The first is the amendment to … Continue reading

Posted in Environmental, Property | 1 Comment

Whose (Pipe)line is it Anyway?

By: Martin Olszynski  PDF Version: Whose (Pipe)line is it Anyway? Document Commented On: Quebec’s Letter to TransCanada Corp. Imposing 7 Conditions on Energy East On November 18th, on the heels of a unanimous vote of non-confidence in the National Energy … Continue reading

Posted in Constitutional, Environmental | Leave a comment

Ernst v Alberta Environment: The Gatekeeper Refuses to Strike or Grant Summary Judgment

By: Shaun Fluker PDF Version: Ernst v Alberta Environment: The Gatekeeper Refuses to Strike or Grant Summary Judgment Case Commented On: Ernst v Alberta Environment, 2014 ABQB 672 This short comment adds to the recent posts on ABlawg by Professor … Continue reading

Posted in Civil Procedure and Evidence, Environmental | Leave a comment

Regulatory Negligence Redux: Alberta Environment’s Motion to Strike in Fracking Litigation Denied

By: Martin Olszynski PDF Version: Regulatory Negligence Redux: Alberta Environment’s Motion to Strike in Fracking Litigation Denied Case Commented On: Ernst v EnCana Corporation, 2014 ABQB 672 This post follows up on a previous one regarding Ms. Ernst’s lawsuit against … Continue reading

Posted in Environmental, Torts | Leave a comment

Ernst v Alberta (Energy Resources Conservation Board): The gatekeeper is alive and well

By: Shaun Fluker PDF Version: Ernst v Alberta (Energy Resources Conservation Board): The gatekeeper is alive and well Case Commented On: Ernst v Alberta (Energy Resources Conservation Board), 2014 ABCA 285 This comment adds to the earlier post by Martin … Continue reading

Posted in Civil Procedure and Evidence, Environmental | Leave a comment

Revisiting Regulatory Negligence: The Ernst Fracking Litigation

By: Martin Olszynski PDF Version: Revisiting Regulatory Negligence: The Ernst Fracking Litigation Case Commented On: Ernst v. Alberta (Energy Resources Conservation Board), 2014 ABCA 285 On September 15, 2014, the Alberta Court of Appeal released its decision in Ernst v. … Continue reading

Posted in Environmental, Torts | 1 Comment

Federal Court of Appeal Reviews CEAA “Justification” Determination for Lower Churchill Falls

By: Martin Olszynski PDF Version: Federal Court of Appeal Reviews CEAA “Justification” Determination for Lower Churchill Falls Case Commented On: Council of the Innu of Ekuanitshit v. Canada (Attorney General), 2014 FCA 189 At least three times in the course … Continue reading

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Federal Court to Syncrude: Climate Change is a Real, Measured Evil, Whose Harm has been Well Documented

By: Martin Olszynski PDF Version: Federal Court to Syncrude: Climate Change is a Real, Measured Evil, Whose Harm has been Well Documented Case Commented On: Syncrude Canada Ltd. v Attorney General of Canada, 2014 FC 776 “The fall term in … Continue reading

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Syncrude v Canada: Where is the gatekeeper when you need one?

By: Shaun Fluker PDF Version: Syncrude v Canada: Where is the gatekeeper when you need one? Case Commented On: Syncrude Canada Ltd v Attorney General of Canada, 2014 FC 776 This post continues on from the introductory comment posted by … Continue reading

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

The Federal Renewable Fuels Regulations Survive an Aggressive and Comprehensive Challenge from Syncrude

By: Nigel Bankes PDF Version: The Federal Renewable Fuels Regulations Survive an Aggressive and Comprehensive Challenge from Syncrude Case Commented On: Syncrude Canada Ltd. v Attorney General of Canada, 2014 FC 776 In the dog days of summer (August 6, … Continue reading

Posted in Climate Change, Environmental | 3 Comments