Author: Martin Olszynski Page 14 of 18

B.Sc. in Biology (Saskatchewan), LL.B. (Saskatchewan), LL.M. Specialization in Environmental Law (University of California at Berkeley).
Assistant Professor.
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By: Martin Olszynski

PDF Version: Is the Federal Government Intent on Hurrying Along the ‘Sixth Extinction’?

Legislation Commented On: Species At Risk Act, SC 2002 c 29

Sitting on a shelf in my office – unread since roughly this time last year – is Elizabeth Kolbert’s book The Sixth Extinction: An Unnatural History. Ms Kolbert’s book recently won the Pulitzer Prize for non-fiction, having been described by its judges as “an exploration of nature that forces readers to consider the threat posed by human behaviour to a world of astonishing diversity.” Also sitting on my computer’s desktop – unfinished since this past December – has been a blog post about the federal government’s failure to list species under the Species At Risk Act (SARA) since 2011, notwithstanding the fact the scientific body responsible for recommending listing, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), has made 67 such recommendations since that time (all of which was reported in the Globe and Mail here; after this story broke three bat species were listed, but to my knowledge the government hasn’t changed its basic position, as further discussed below). My plan was to read Ms. Kolbert’s book and use it to frame a post describing yet another example of the federal government’s total disregard for the rule of law when it comes to species at risk (see e.g. here). But I am already late to the party and, having just blogged about environmental-law-as-process and its implications for the environment, it seems to me that such a post makes for a reasonable Exhibit A. The fact that I have a huge pile of marking sitting in front of me right now is also not irrelevant.

Environmental Laws as Decision-Making Processes (or, Why I am Grateful for Environmental Groups this Earth Day)

By Martin Olszynski

On April 22, 2015

In Environmental

By: Martin Olszynski

PDF Version: Environmental Laws as Decision-Making Processes (or, Why I am Grateful for Environmental Groups this Earth Day)

Event commented on: Earth Day

This past weekend, as part of the Canadian Institute for Resource Law’s “Saturday Morning at the Law School” series, I gave a free public lecture on the basic nature and features of Canadian environmental law. April 22 being Earth Day, I thought I would try to capture some of that discussion in a blog post. My starting point was that while Canadians may assume that their environmental laws consist of standards and limits designed to protect the natural environment, the reality is that many of our most important environmental laws simply set out a process for decision-making, where environmental considerations have varying degrees of importance. As further set out in this post, this reality has important implications for the state of the environment and the mechanics of government accountability, which in turn suggest a fundamental and indispensable, if also imperfect, role for environmental groups in this context.

May Provinces (or States) Limit Imports on the Basis of Greenhouse Gas Emissions Elsewhere?

By Martin Olszynski

On April 16, 2015

In Climate Change, Constitutional

By: James Coleman & Martin Olszynski

PDF Version: May Provinces (or States) Limit Imports on the Basis of Greenhouse Gas Emissions Elsewhere?

Report Commented On: Canada’s Ecofiscal Commission, The Way Forward

Last week, a group of economists known as “Canada’s Ecofiscal Commission” issued a much-discussed report that urged Canada’s individual provinces to drive Canadian climate policy by adopting their own carbon pricing schemes. But the report barely touched on one of the key challenges for provincial or state regulation without the support of the national government: what may places that price carbon do to avoid losing industry to places that don’t?

Environmental Damages under Bill C-46 (Pipeline Safety Act)

By Martin Olszynski

On April 1, 2015

In Environmental

By: Martin Olszynski

PDF Version: Environmental Damages under Bill C-46 (Pipeline Safety Act)

Legislation commented on: Bill C-46: An Act to Amend the National Energy Board Act and the Canada Oil and Gas Operations Act

Yesterday, I had the opportunity to appear before the House of Commons Standing Committee on Natural Resources in the context of its study of Bill C-46, referred to as the Pipeline Safety Act, which amends the National Energy Board Act, RSC 1985 c N-7 and the Canada Oil and Gas Operations Act, RSC 1985 c 0-7. Below are my speaking notes in slightly modified form. Interested readers are also referred to the Library of Parliament’s Legislative Summary of Bill C-46; you will also find commentary on the Bill here and here.

University of Calgary is the Place to be for Environmental Law in 2015

By Martin Olszynski

On January 28, 2015

In Environmental

By: Martin Olszynski, Scott Allen and Allan Ingelson

PDF Version: University of Calgary is the Place to be for Environmental Law in 2015

Conferences Commented On: 2015 CAELS Conference: “Igniting a Spark”; CIRL/CBA NEERLS Symposium on Environment in the Courtroom; JELP 5: “Après le Deluge”

When it rains, it pours. And so it is that the first half of 2015 has the University of Calgary Faculty of Law hosting a series of national environmental law conferences.

2015 Canadian Association of Environmental Law Students (CAELS) Conference: “Igniting a Spark”, February 13 & 14, 2015

Formed in Ottawa a couple of years ago by the membership of the-then University of Ottawa Environmental Law Students Association, CAELS is a networking body connecting environmental law students across Canada. This past year, responsibility for organizing CAELS’ annual conference was transferred to the University of Calgary’s Environmental Law Society (ELS).