Category: Environmental Page 5 of 53

Coal Law and Policy Part Eight: The Results of the Coal Consultation and the Return to the Alberta Land Stewardship Act

Reports and Ministerial Order Commented On: Engaging Albertans About Coal, Final Report: Recommendations for the Management of Coal Resources in Alberta, Ministerial Order 002/2022

On March 4, 2022, the Alberta government released the two reports of the Coal Policy Consultation Committee (the Committee), as well as a ministerial order from the Minister of Energy implementing part of the Committee’s recommendations. This post continues ABlawg’s coverage of coal law and policy issues. ABlawg’s last post on this topic, “Coal Development Consultation Terms of Reference Revisited”, contains links to our previous posts.

This post summarizes key points of the Committee’s reports and reviews the actions government has taken so far in response to the reports.

Reviewing Regulations Post-Vavilov: Ecology Action Centre v Canada (Part II)

By Mark Mancini

On December 24, 2021

In Administrative Law, Environmental

By: Mark Mancini and Martin Olszynski

PDF Version: Reviewing Regulations Post-Vavilov: Ecology Action Centre v Canada (Part II)

Case Commented On: Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 (CanLII)

This is the second post on the Federal Court’s recent decision in Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 (CanLII). For the background on this decision, see Martin Olszynski’s first post here.

Are Regional (and other) Assessments pursuant to the Impact Assessment Act Justiciable? Ecology Action Centre v Canada (Part 1)

By Martin Olszynski

On December 22, 2021

In Administrative Law, Environmental

By: Martin Olszynski

PDF Version: Are Regional (and other) Assessments pursuant to the Impact Assessment Act Justiciable? Ecology Action Centre v Canada (Part 1)

Case Commented On: Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 (CanLII)

The applicants sought judicial review in Federal Court of the “Regional Assessment of Offshore Oil and Gas Exploratory Drilling East of Newfoundland and Labrador” (the Offshore Exploratory Regional Assessment), initiated as a “regional study” under the previous Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52 (CEAA, 2012) but converted into a “regional assessment” under the current Impact Assessment Act, SC 2019, c 28, s 1 (IAA) when the latter came into force in 2019. The Offshore Exploratory Regional Assessment and Report were prepared by a committee established by both the federal and provincial governments and submitted to the Minister of Environment and Climate Change Canada (the Minister). The applicants also sought judicial review of the subsequently promulgated Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells) (the Offshore Exploratory Regulations) pursuant to paragraph 112(1)(a.2) of the IAA, the effect of which was to exclude offshore exploratory drilling from undergoing individual impact assessments on a go-forward basis. Both applications were dismissed.

Province of Alberta Issues a Request for Full Project Proposals For Carbon Sequestration Hubs

By Nigel Bankes

On December 7, 2021

In Energy, Environmental

By: Nigel Bankes

PDF Version: Province of Alberta Issues a Request for Full Project Proposals For Carbon Sequestration Hubs

Document Commented On: Request for Full Project Proposals For Carbon Sequestration Hubs, December 2, 2021

Following an earlier announcement (Information Letter 2021-19) in May 2021 (commented on here) and then a call for Expressions of Interest (EOI) in September (commented on here, the link to the EOI is now broken and the EOI no longer seems to be available), the province has now moved to the next stage in developing its hub-based carbon capture and storage (CCS) policy with the issuance of a “Request for Full Project Proposals For Carbon Sequestration Hubs” (RFPP). This latest RFPP indicates that

Bill 77, Unpaid Municipal Taxes, and the Connection to the Inactive and Orphan Wells Problem

By Drew Yewchuk

On December 6, 2021

In Environmental, Oil & Gas

By: Drew Yewchuk

PDF Version: Bill 77, Unpaid Municipal Taxes, and the Connection to the Inactive and Orphan Wells Problem

Bill Commented On: Alberta’s Bill 77: Municipal Government (Restoring Tax Accountability) Amendment Act, 2021, 2^nd Session, 30^th Legislature

Alberta’s Bill 77: Municipal Government (Restoring Tax Accountability) Amendment Act, 2021 (2^nd Session, 30^th Legislature) is moving towards becoming law. This post describes what Bill 77 would do, explains the connection between oil and gas companies’ unpaid municipal taxes and Alberta’s orphan well problem, and describes some reasons why Bill 77 will be ineffective.