Category Archives: Natural Resources

The problem of Locus Standi at the Energy Resources Conservation Board: A Diceyan solution

Case considered: Kelly v. Alberta (Energy Resources Conservation Board, 2009 ABCA 349 PDF Version: The problem of Locus Standi at the Energy Resources Conservation Board: A Diceyan solution Introduction A person must have ‘standing’ to oppose an energy project being … Continue reading

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Narrowing the prospect of obtaining leave to appeal an ERCB decision: The troublesome aspect of judicial deference

Case considered: Berger v. Alberta (Energy Resources Conservation Board), 2009 ABCA 158  PDF version: Narrowing the prospect of obtaining leave to appeal an ERCB decision: The troublesome aspect of judicial deference The Court of Appeal routinely decides applications for leave … Continue reading

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Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal?

Case Considered: Kelly v. Alberta (Energy and Utilities Board), 2009 ABCA 161 PDF version: Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal? In an earlier post, I suggested that a recent … Continue reading

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TransCanada’s Alberta Pipeline System now under federal regulatory authority

Cases Considered: National Energy Board, Reasons for Decision, TransCanada PipeLines Limited, GH-5-2008, Jurisdiction and Facilities, February 2008 (posted to the NEB website February 26, 2009) PDF Version:  TransCanada’s Alberta Pipeline System now under federal regulatory authority It’s official. The intra-provincial … Continue reading

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What is sauce for the goose is sauce for the gander (and other, more mixed, metaphors): and a prediction as to the role of power and influence on law-making in the province.

Cases Considered: ATCO Midstream Ltd. v. Alberta (Energy Resources Conservation Board), 2009 ABCA 41. PDF Version: What is sauce for the goose is sauce for the gander (and other, more mixed, metaphors): and a prediction as to the role of … Continue reading

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