Category: Environmental Page 48 of 59

ABlawg is pleased to announce a series of posts on Bill 2, the Responsible Energy Development Act. This important Bill proposes to create a “single window” for reviewing and approving energy projects in Alberta.

The first in the series is a post by Shaun Fluker on the independence of the Alberta Energy Regulator. This post will be followed by followed by posts dealing with a number of topics that we expect will include: the implications of the Bill for the jurisdiction of the Environmental Appeal Board; an overview of the Bill; the standing rules under the Bill; the proposed arrangements for the enforcement of private surface arrangements; the Regulator as a corporation; the Regulator and the duty to consult; the power of the Minister to issue directions to the Regulator; a comparative take on the single window experience looking at developments in Australia; and water management under the Bill.

ABlawg has already posted two blogs on the background to this Bill, one by Nigel Bankes, “A single window for the permitting of energy projects in Alberta: who will look out for the chickens?”and the other by Nickie Vlavianos, “The Proposed Single Energy Regulator: Where Are We Now and Where Do We Go from Here?”

Cleaning Up Coal II

By Astrid Kalkbrenner

On October 4, 2012

In Climate Change, Environmental, Natural Resources

By: Astrid Kalkbrenner

PDF Version: Cleaning Up Coal II

Regulations Commented On: Federal Regulations “Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations” as of 30 August 2012, (Canada Gazette Part II, Vol. 146, No 19, SOR/2012-167)

On 27 August 2011 the federal government published proposed regulations on the “Reduction of Carbon Dioxide Emissions from Coal-Fired Generation of Electricity” (the “Draft Regulations”) (see my previous ABlawg post Cleaning up Coal). The Draft Regulations were open for comments for a 60-day public consultation period. Environment Canada received over 5000 submissions during the consultation period, including submissions from 4 provincial governments, 16 electricity industry corporations and system operators, 17 other industry corporations and associations, 6 Non-governmental Organizations (NGOs) and from the general public. The Regulatory Impact Assessment Statement (RIAS) for the Regulations acknowledges that the comments and extensive discussions with industry and provinces led to refinements of the Draft Regulations which in its final version provides greater flexibility to industry, while respecting the draft regulatory framework and maintaining the contribution of the Regulations to meeting Canada’s Copenhagen target (for the RIAS see Canada Gazette Part II, Vol. 146, No 19, SOR/2012-167, 2002 at 2003). On 30 August 2012, the final Regulations were published as a regulation of the Canadian Environmental Protection Act, 1999 (CEPA), SC 1999, c 33.

Giving away the Arctic farm to piddly little companies – Federal (mis)management of northern oil and gas rights.

By Nigel Bankes

On October 1, 2012

In Environmental, Oil & Gas

PDF version: Giving away the Arctic farm to piddly little companies – Federal (mis)management of northern oil and gas rights.

Decision commented on: The decision of the Minister of Indian Affairs and Northern Development (aka Minister for Aboriginal Affairs and Northern Development, Canada) to award new oil and gas rights pursuant to the 2011-2012 Beaufort Sea & Mackenzie Delta Call for Bids.

On September 12, 2012, the government of Canada announced that it would be granting exploration licences (ELs) to the small and low profile Franklin Petroleum Limited of the UK for six blocks of oil and gas rights in the Beaufort Sea. The ELs will cover over 900,000 hectares of land.

Nova Scotia exploration well approval case

By Nigel Bankes

On August 30, 2012

In Administrative Law, Environmental, Oil & Gas

PDF version: Nova Scotia exploration well approval case

Decision commented on: Margaree Environmental Association v Nova Scotia (Environment), 2012 NSSC 296.

In this case Justice MacAdam of the Nova Scotia Supreme Court denied a statutory appeal from a decision of the Nova Scotia Department of the Environment to grant an approval to drill an exploration well on a 383,000 acre block in the area around Lake Ainslie. There is nothing particularly remarkable about the case but I blog it here for these reasons: (1) it’s an oil and gas case and there are surprisingly few oil and gas cases involving judicial review or statutory appeals from decisions to issue (or not issue) a well licence or equivalent; (2) it’s a decision from a non-traditional oil and gas jurisdiction, Nova Scotia.

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Access to Justice: University of Calgary Environmental Law Clinic in 2011/2012 – “What’s legal is not always what is just” – Rick Collier

By Shaun Fluker

On August 20, 2012

In Administrative Law, Environmental, Intervenors and Standing, Water Law

PDF version: Access to Justice: University of Calgary Environmental Law Clinic in 2011/2012 – “What’s legal is not always what is just” – Rick Collier

Case and Decision considered: Kelly v Alberta (Energy Resources Conservation Board), 2012 ABCA 19,

Hohloch v Director, Southern Region, Environmental Management, Alberta Environment and Water, re: Eastern Irrigation District (29 March 2012), (AEAB), Appeal No 10-043-ID2

As the Fall 2012 term approaches we here at the law school have started to prepare for the return of students and the resumption of lectures. In my case, this includes getting ready for another year of supervising our environmental law clinic. Before the new term arrives for the clinic, however, I want to look back on some highlights from 2011/2012. The clinic allows one to step out of the law school and into the field of environmental disputes in Alberta. If there was a common theme to all of our files last year, it was access to justice. I’ve chosen to end this recap with a tribute to Rick Collier who stood up for wilderness in an act of civil disobedience to protest the lack of public input into resource and environmental decision-making in Alberta.

Category: Environmental Page 48 of 59

Announcement: Bill 2, the Responsible Energy Development Act

Cleaning Up Coal II

Giving away the Arctic farm to piddly little companies – Federal (mis)management of northern oil and gas rights.

Nova Scotia exploration well approval case

Access to Justice: University of Calgary Environmental Law Clinic in 2011/2012 – “What’s legal is not always what is just” – Rick Collier