Author Archives: Nigel Bankes

About Nigel Bankes

Nigel Bankes is emeritus professor of law at the University of Calgary. Prior to his retirement in June 2021 Nigel held the chair in natural resources law in the Faculty of Law.

The Court of Appeal confirms that the word “producible” does not mean actual production

PDF version: The Court of Appeal confirms that the word “producible” does not mean actual production  Case considered: Bearspaw Petroleum Ltd v Encana Corporation, 2011 ABCA 7 The Court of Appeal in a memorandum of judgement (Rowbotham, McDonald and Bielby … Continue reading

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Down on the Kerrs’ Farm: A Comment on the Reports of Alleged Carbon Dioxide Leaks from Cenovus’ Weyburn Project

By: Nigel Bankes Carbon capture and storage (CCS) is not yet a proven technology at commercial scales. It is true that we have had considerable experience with analogies including acid gas disposal projects, natural gas storage projects and enhanced oil … Continue reading

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SARA has a spine as well as teeth

PDF version: SARA has a spine as well as teeth  Case commented on: David Suzuki Foundation v. Minister of Fisheries and Oceans and the Minister of the Environment, 2010 FC 1233 Eighteen months ago I blogged on Justice Zinn’s decision … Continue reading

Posted in Environmental, Protection of Species | 1 Comment

Using water reservations to protect the aesthetic values associated with water courses: a note on the Spray River (Banff)

 PDF version: Using water reservations to protect the aesthetic values associated with water courses: a note on the Spray River (Banff) Documents commented on: Order in Council 546\49; South Saskatchewan Basin Water Allocation Regulation, Alta. Reg. 307/1991 (rescinded by Bow, … Continue reading

Posted in Constitutional, Water Law | 4 Comments

CCS and CDM: The Eligibility of Carbon Capture and Storage Projects under the Clean Development Mechanism of the Kyoto Protocol – the Cancun Meeting of the Conference of the Parties

By: Nigel Bankes PDF Version: CCS and CDM: The Eligibility of Carbon Capture and Storage Projects under the Clean Development Mechanism of the Kyoto Protocol – the Cancun Meeting of the Conference of the Parties Decision Commented On: UNFCCC, Kyoto … Continue reading

Posted in Carbon Capture and Storage, Climate Change, International Law | 1 Comment