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Category: Environmental Page 2 of 59

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.

Major Projects and the Building Canada Act: New list of PONIs or PHONIs?

 By: David V. Wright

Matter Commented On: Building Canada Act, SC 2025, c 2, s 4

PDF Version: Major Projects and the Building Canada Act: New list of PONIs or PHONIs?

This week, Prime Minister Carney announced a second tranche of major projects for fast-tracking consideration under the new Building Canada Act, SC 2025, c 2, s 4 (BCA). This short post provides an update on the context and then presents a draft glossary that tries to make sense of the unusual terminology and various types of projects and concepts falling within the increasingly broad mandate of the new Major Projects Office (MPO).

Mine 14: It’s Worse Than We Thought

By: Nigel Bankes

Matter Commented On: Responsive Records to Access to Information Requests re Mine 14 Decision-Making

PDF Version: Mine 14: It’s Worse Than We Thought

An earlier ABlawg post described the manner in which Rob Morgan, the Chief Executive Officer (CEO) of the Alberta Energy Regulator (AER) unlawfully intervened in the Mine 14 adjudicative process then under the conduct of AER Hearing Commissioners. At the time we suggested that the CEO’s decision might have been the result of political pressure brought to bear on Mr. Morgan. The access to information requests discussed in this post strengthen that supposition and also provide evidence of improper communication between Mr. Morgan (and others at the AER) with Vitor Marciano the Chief of Staff of Brian Jean, Minister of Energy and Minerals.

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