Category Archives: Environmental

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 | Leave a 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

Posted in Administrative Law, Environmental | Leave a comment

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

Canada and Nova Scotia Finalize Equivalency Agreement on the Control of Greenhouse Gas Emissions in the Electricity Sector

By: Nigel Bankes PDF Version: Canada and Nova Scotia Finalize Equivalency Agreement on the Control of Greenhouse Gas Emissions in the Electricity Sector Documents commented on:  Agreement on the Equivalency of Federal and Nova Scotia Regulations for the Control of … Continue reading

Posted in Climate Change, Energy, Environmental | 1 Comment

The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet

By: Martin Olszynski PDF Version: The ‘Inherent Limit’ Post-Tsilhqot’in: Where Indigenous Law and Land-Use Planning Meet Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The focus of this post, the fourth in a series of ABlawg posts … Continue reading

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Northern Gateway Approved Despite Uncertain Environmental Effects: Is This What Sustainable Development Looks Like?

By: Shaun Fluker PDF Version: Northern Gateway Approved Despite Uncertain Environmental Effects: Is This What Sustainable Development Looks Like? Decision commented on: National Energy Board, Northern Gateway Decision Statement On June 17, 2014 the National Energy Board issued a decision … Continue reading

Posted in Environmental, Oil & Gas, Protection of Species | 1 Comment

Greenpeace v Canada: Symbolic Blow to the Nuclear Industry, Game-changer for Everyone Else?

By: Martin Olszynski  PDF Version: Greenpeace v Canada: Symbolic Blow to the Nuclear Industry, Game-changer for Everyone Else? Case commented on: Greenpeace Canada v Canada (Attorney General), 2014 FC 463 (CanLII) In this lengthy (431 paragraphs) decision, the Federal Court … Continue reading

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