Category: Environmental Page 1 of 59

The Next Shoe Drops. The Northback (Grassy Mountain) Interests File an International Investment Law Claim Against Canada

On April 14, 2026

In Energy, Environmental, International Investment

Matter Commented On: Request for Arbitration, Riversdale Resources Pty Ltd and Hancock Prospecting Pty Ltd v Canada, December 16, 2024, and Notice of Intent to Submit a Claim, September 17, 2024

PDF Version: The Next Shoe Drops. The Northback (Grassy Mountain) Interests File an International Investment Law Claim Against Canada

In December 2024, the Australian parent companies of Northback Holdings (Northback) filed a Request for Arbitration (RFA) with Canada under the terms of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or Agreement) alleging breach of Canada’s investment obligations under that Agreement. The claim follows the rejection of the Grassy Mountain coal project by a joint federal–provincial review panel and subsequent domestic litigation. The case is part of a broader trend of investor-state dispute settlement (ISDS) claims challenging environmental decision-making in resource projects.

The Proposed Co-operation Agreement on Environmental and Impact Assessment between Canada and Alberta

By Nigel Bankes

On March 18, 2026

In Administrative Law, Constitutional, Environmental, Indigenous, Natural Resources, Oil & Gas

By: Nigel Bankes

Document Commented On: Draft Co-operation Agreement on Environmental and Impact Assessment between Canada and Alberta, March 6, 2026

PDF Version: The Proposed Co-operation Agreement on Environmental and Impact Assessment between Canada and Alberta

On March 6, 2026 the Governments of Canada and Alberta released a draft co-operation agreement on “Environmental and Impact Assessment”, thereby leading the way to fulfilling one of the undertakings contained in the Memorandum of Understanding on Energy (MOU) signed by the two governments on November 27, 2025. The MOU committed the parties to “Negotiate a cooperation agreement on impact assessments on or before April 1, 2026, that reduces duplication through a single assessment process that respects federal and provincial jurisdictions.” The Draft Agreement is open for comment until March 26, 2026.

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

By Drew Yewchuk

On February 23, 2026

In Energy, Environmental, Insolvency, Oil & Gas

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

On February 17, 2026

In Environmental, Land Use, Natural Resources

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

On February 5, 2026

In Energy, Environmental, Natural Resources

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.