Category: Environmental Page 54 of 60

A single window for the permitting of energy projects in Alberta: who will look out for the chickens?

On May 16, 2011

In Administrative Law, Energy, Environmental, Natural Resources, Oil & Gas

PDF version: A single window for the permitting of energy projects in Alberta: who will look out for the chickens?

Report commented on: Enhancing Assurance: Developing an integrated energy resources regulator, a discussion document, May 2011

In a discussion paper released on May 9, 2011 under a covering message from Premier Stelmach, the provincial government has announced its intention to create a single window for the permitting of energy projects in the province. The proposal envisages a single new board that will have all of the current responsibilities of the Energy Resources Conservation Board (ERCB) plus the following additional responsibilities (as they pertain to energy projects including conventional oil and gas, oilsands, and coal – and in the future perhaps mining):

1. The responsibilities currently vested in Alberta Environment under the terms of the Environmental Protection and Enhancement Act, (EPEA) RSA 2000c. E-12, and the Water Act, RSA 2000, c.W-3 to conduct EIAs, issue licences and authorizations under the Water Act and EPEA and to deal with reclamation and remediation on private land.

2. The responsibilities currently vested in Sustainable Resource Development (SRD) to issue public land dispositions including mineral surface leases, and to deal with reclamation and remediation on public land.

Does this make sense?

The proof of the pudding: ALSA and the Draft Lower Athabasca Regional Plan

By Nigel Bankes

On April 15, 2011

In Environmental, Property, Protection of Spaces

PDF version: The proof of the pudding: ALSA and the Draft Lower Athabasca Regional Plan

Documents commented on: Draft Lower Athabasca Regional Plan 2011 – 2021, Strategic Plan and Implementation Plan; Proposed Lower Athabasca Integrated Regional Plan Regulations

On April 5, 2011 the Government of Alberta (GOA) moved a step further to implementing the Alberta Land Stewardship Act, SA 2009, c.A-26.8 (ALSA) when it released a draft version of the Lower Athabasca Regional Plan (LARP) for public consultation. ALSA has been much in the news in Alberta over the last few months and the legislation has been embroiled in debates over property rights leading the GOA to introduce a Bill (Bill 10) to amend ALSA to, inter alia, clarify the relationship between regional plans and property rights. I have commented on that debate (see here) and on Bill 10 (see here).

Regulatory chill, weak regional plans, and lots of jobs for lawyers: the proposed amendments to the Alberta Land Stewardship Act

By Nigel Bankes

On March 4, 2011

In Environmental, Property, Protection of Spaces

PDF version: Regulatory chill, weak regional plans, and lots of jobs for lawyers: the proposed amendments to the Alberta Land Stewardship Act

Legislation commented on: Bill 10, the Alberta Land Stewardship Amendment Act, 2011

In an earlier blog, I commented on one aspect of the on-going debate in Alberta on the Alberta Land Stewardship Act, SA 2009, c.A-26.8 (ALSA). On March 1, 2011 the government introduced Bill 10, the Alberta Land Stewardship Amendment Act, 2011. The Bill contains 12 pages of amendments to the Act. I think that the Bill will encourage the adoption of timid plans that will not achieve the noble purpose of the legislation. I also think that the amendments will create significant uncertainty and encourage litigation. The big winners from this Bill will be lawyers; the environment will be the loser. And if the environment loses then we all lose; whether we happen to be landowners or not.

The continuing mystery of standing at the Energy Resources Conservation Board

By Shaun Fluker

On February 14, 2011

In Administrative Law, Environmental, Intervenors and Standing

PDF version: The continuing mystery of standing at the Energy Resources Conservation Board

Case considered: West Energy/Daylight Energy – Section 39 review hearing re: Linda McGinn, 2011 ABERCB 002

A couple weeks ago on ABlawg I suggested that the law governing standing to contest an energy project in front of the Energy Resources Conservation Board (ERCB) is becoming unglued (see The problem of costs at the Energy Resources Conservation Board: Leave to appeal granted in Kelly #4).The first change came out of the Court of Appeal’s October 2009 decision in Kelly v. Alberta (Energy Resources Conservation Board, 2009 ABCA 349, (and see The Problem of Locus Standi at the Energy Resources Conservation Board: A Diceyan Solution). The Court of Appeal has subsequently granted two leave applications made by Susan Kelly that concern the interpretation of sections 26 and 28 of the Energy Resources Conservation Act (ERCA), R.S.A. 2000, c. E-10. These additional appeals have yet to be heard, but I am certain the Court’s ruling in both matters will result in further changes to the law concerning who must be heard at the ERCB. The ERCB’s recent standing ruling in West Energy/Daylight Energy Section 39 Review Decision, 2011 ABERCB 002 suggests to me that the Board has lost its way on how to apply section 26(2) of the ERCA.

ALSA and the property rights debate in Alberta: a certificate of title to land is not a “statutory consent”

By Nigel Bankes

On February 11, 2011

In Environmental, Property, Protection of Spaces

PDF version: ALSA and the property rights debate in Alberta: a certificate of title to land is not a “statutory consent”

Statute commented on: Alberta Land Stewardship Act, SA 2009, c.A-26.8

There is significant public debate in Alberta about a series of measures introduced and passed by the provincial government over the last 18 months. These measures include: (1) the Land Assembly Project Area Act (sometimes known as Bill 19, now SA 2009, c. L-2.5, yet to be proclaimed), (2) the Electric Statutes Amendment Act, SA 2009, c.44 (Bill 50), (3) the Alberta Land Stewardship Act, SA 2009, c.A-26.8 (ALSA), and (4) Bill 24, the Carbon Capture and Storage Statutes Amendment Act (Alberta), SA 2010, c.14. I won’t deal with all aspects of the debate but I do want to comment on one aspect of the debate as it relates to ALSA.