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Category: Environmental Page 2 of 59

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.

A Review of Closure Nomination for Inactive Oil and Gas Sites and AER Updates to Directive 088 

By: Drew Yewchuk & Shaun Fluker 

Regulatory Bulletin Commented On: Alberta Energy Regulator, Bulletin 2025-32, Invitation for Feedback on Proposed Revisions to Closure Nomination Requirements in Directive 088 

PDF Version: A Review of Closure Nomination for Inactive Oil and Gas Sites and AER Updates to Directive 088 

The Alberta Energy Regulator (AER) is taking comments on some proposed changes to the process for nominating oil and gas sites (facilities and wells) for closure work. The comment period is open until November 12, 2025. The AER’s closure nomination system has been in place since April 2023, and one of us commented on its commencement in Updates to the Oil and Gas Liability Management Framework: The New Closure Nomination and The Renamed Closure Quotas. The proposed changes adjust the timelines for the closure nomination. In particular, they shorten the timeline for nominated sites that had already been decommissioned to complete a phase 1 environmental site assessment from three years to one year, and they extend all closure nomination timelines to the end of the quarter-year. This post reviews the public information on the closure nomination process so far, discusses the AER’s proposed changes, and assesses the effectiveness of the closure nomination process so far.  

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