Author Archives: Michael Wenig

About Michael Wenig

Michael Wenig obtained an LLM from the University of Calgary Faculty of Law in 1999, and is a former Adjunct Professor at the Faculty. Since 2018, he has been a solo practitioner in his Calgary-based law firm, Big Spruce Law. For roughly ten years before starting his solo practice, Mr. Wenig was the Chief Legal Officer – Operations for the NRCB. In that capacity, he assisted NRCB approval officers and inspectors in their implementation of AOPA.

How Land Use Issues Factor into Alberta Utilities Commission Reviews of Renewable Energy Power Plants

By: Michael Wenig

Matter Commented On: Land use issues in the AUC’s “Inquiry into the ongoing economic, orderly and efficient development of electricity generation in Alberta – Module A”

PDF Version: How Land Use Issues Factor into Alberta Utilities Commission Reviews of Renewable Energy Power Plants

This post calls attention to a Briefing Note I recently wrote, on how the Alberta Utilities Commission (“the Commission”) considers land use issues when deciding whether to approve renewable energy power plants. The Commission is considering these land use issues as part of its current inquiry into the “ongoing economic, orderly and efficient development of electricity generation in Alberta.” Continue reading →

Annotations of NRCB Review Decisions Under the Agricultural Operations Practices Act

By: Michael Wenig

Matter Commented On: Decisions of the Natural Resources Conservation Board under the Agricultural Operation Practices Act, RSA 2000, c. A-7

PDF Version: Annotations of NRCB Review Decisions Under the Agricultural Operations Practices Act

This post is a heads-up about my recently updated annotations of Natural Resources Conservation Board (NRCB) “review” decisions under the Agricultural Operation Practices Act, RSA 2000, c. A-7 (AOPA).

Part II of AOPA gives the NRCB regulatory authority over Alberta-based “confined feeding operations” (CFOs), which are commonly known as intensive livestock operations. (Part I of the AOPA provides so-called “right-to-farm” protection for “agricultural operations” and a system for resolving nuisance claims by those operations’ neighbours. See e.g. Brenda Heelan Powell, Agricultural Lands – Law and Policy in Alberta (Environmental Law Centre, Nov 2019) at 76.) Before AOPA came into effect in 2002, municipalities were the primary regulators of CFOs through their issuance of development permits. This permitting function is linked to municipalities’ land use planning roles. Continue reading →