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Category: Environmental Page 1 of 58

AlphaBow Again Challenges AER Enforcement Related to Oil and Gas Closure Liabilities During Insolvency 

By: Drew Yewchuk

Decisions Commented On: Re AlphaBow Energy Ltd., 2025 ABKB 622 (CanLII) (AlphaBow ABKB); Re AlphaBow Energy Ltd., 2026 ABCA 35 (CanLII) (AlphaBow ABCA)

PDF Version: AlphaBow Again Challenges AER Enforcement Related to Oil and Gas Closure Liabilities During Insolvency

This post comments on two decisions relating to the ongoing insolvency process of AlphaBow Energy Ltd. (AlphaBow). AlphaBow brought challenges to the power of the Alberta Energy Regulator (AER) to require security deposits as a condition for transferring oil and gas licences from AlphaBow’s inventory. AlphaBow was unsuccessful at King’s Bench and then failed to get leave to appeal from the Court of Appeal.

This post provides some background to AlphaBow’s insolvency, summarizes the two decisions, and concludes with commentary on what AlphaBow’s ongoing insolvency process shows about oil and gas closure liability management and insolvency in Alberta. 

The Light Goes Out at the NRCB on Major Recreational Project Reviews

By: Shaun Fluker

Legislation Commented On: All-season Resorts Act, SA 2024, c A 38.5

PDF Version: The Light Goes Out at the NRCB on Major Recreational Project Reviews

At some point during the last few months of 2025, the Alberta Natural Resources Conservation Board (NRCB) seems to have erased some history on reviewing major recreation and tourism projects in Alberta, by removing from its website several recreational project review decisions the NRCB issued in the early 1990s. This became apparent to me recently, as I prepared for a media interview to discuss the application by Fortress Mountain Holdings Ltd. under the All-season Resorts Act to construct and operate a new commercial and recreational destination in Kananaskis Country at the site of the former Fortress Mountain ski area (see here for some earlier media coverage of this expansive application). This short comment critiques the All-season Resorts Act and the removal of NRCB jurisdiction over major recreational projects.

Grading the 2024 AER Liability Management Performance Report

By: Drew Yewchuk and Shaun Fluker

Report Commented On: 2024 AER Liability Management Performance Report

PDF Version: Grading the 2024 AER Liability Management Performance Report

In November 2025, the Alberta Energy Regulator (AER) published the 2024 Liability Management Performance Report (2024 Report). This is the third AER Liability Management Performance Report to the public on progress to reduce Alberta’s massive unfunded closure liability in the conventional (non-oil sands mine) oil and gas sector. We discussed the 2022 report here and the 2023 report here. In a positive change from earlier years, the AER has kept the 2022 and 2023 reports up on their website. While this allows the public to compare information in the current report with past years, it is noteworthy that the AER itself does not use the previous years to evaluate performance and the 2024 Report provides almost no discussion or analysis of the data set out in the report. This is one of the reasons why the 2024 Report receives an F grade.

What Are the Implications of the International Court’s Climate Change Advisory Opinion for Provinces?

By: Nigel Bankes

Case Commented On: Obligations of States In Respect of Climate Change, Advisory Opinion of the International Court of Justice, July 23, 2025

PDF Version: What Are the Implications of the International Court’s Climate Change Advisory Opinion for Provinces?

ABlawg has already published posts on constitutional climate change litigation in Canada (the La Rose case, here) as well as two posts on the important unanimous Advisory Opinion (AO) of the International Court of Justice (ICJ) on Climate Change, here and here. This post assesses the implications of the AO for a province within the Confederation of Canada, specifically a province like Alberta which is a significant producer of carbon fuels and a significant emitter of greenhouse gases: see ECCC, Greenhouse Gas Emissions (2025).

The Mess We’re In: Insights from the 1st International Colloquium on Closure Liabilities in the Energy Sector

By: Kaitlin Schaaf, Kathy Cao, Jessica Farrell, Andrew Simmons, Emilia Yassiri, and Martin Olszynski

Matter Commented On: 1st International Colloquium on Closure Liabilities in the Energy Sector

PDF Version: The Mess We’re In: Insights from the 1st International Colloquium on Closure Liabilities in the Energy Sector

The 1st International Colloquium on Closure Liabilities in the Energy Sector was a recent three-day event organized by Professor Martin Olszynski, the current Chair in Energy, Resources and Sustainability, and hosted by the University of Calgary Faculty of Law with the support of the Public Interest Law Clinic (PILC) and the Canadian Institute for Resources Law (CIRL). From October 3 – October 5, 2025, the event brought together scholars and practitioners from Canada, the United States, Australia, and the United Kingdom to address the challenges associated with environmental liabilities in the energy sector.

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