A new approach to regulating unconventional resource plays in Alberta: the ERCB takes a bold step forward

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Document commented on: ERCB Discussion Paper, Regulating Unconventional Oil and Gas in Alberta, 2012.

In the weeks before Christmas the Energy Resources Conservation Board (ERCB) released a number of documents all dealing with aspects of the development of unconventional resources. The documents included two inquiry reports dealing with serious incidents in relation to horizontal wells (here and here) and multi-stage fracturing, a draft Directive on Hydraulic Fracturing and the document which is the focus of this post, the Discussion Paper, Regulating Unconventional Oil and Gas in Alberta. The release of this paper is a welcome development because it provides a practical example of how a regulator can take the initiative in trying to manage cumulative impacts and the risks associated with the application of known technologies to new challenges. It is fully consistent with the planning approach espoused by the Alberta Land Stewardship Act, SA 2009, c A-26.8 and the Land-use Framework. And for once it demonstrates the ability of the Board to lead and get out in front of its critics – ironically, precisely at the moment when it is about to be replaced by new Energy Development Authority (I was going to title this blog “The ERCB and the Owl of Minerva” but thought that some might infer from that title that it was a post on species at risk).

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Getting Foreclosure Practice Right: Some Regulatory Suggestions

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Case commented on: AGF Trust Company v Soos, 2012 ABQB 747.

AGF Trust Company v Soos is a decision by Master Lorne Smart, reviewing a Bill of Costs in a standard residential foreclosure action – not the sort of decision that usually attracts our attention at ABlawg. But the Master does two things that make this decision worth commenting on. First, he makes an example of procedural irregularities in the action to reduce the legal fees claimed in the Bill of Costs. Second, he uses his review to comment on some troublesome economic aspects of foreclosure practice.

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The Responsible Energy Development Act and the Water Act – cloudy confluences

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After 18 consecutive hours of steamed debate Alberta Legislature passed Bill 2, the Responsible Energy Development Act, (REDA) into law on November 21st, 2012 (see Calgary Herald, 11-21-2012, here).  The Bill received Royal Assent on December 10th, and except for some exceptions, comes into force on Proclamation (REDA, s 113).  The ABlawg has distilled much of the Bill in its numerous discussions posted on Bill 2 (see posts under the category Responsible Energy Development Act here) and will continue its stream of comments on the REDA.  This ABlawg post navigates some of the actual and potential impacts of the REDA on water management in the Province under the Water Act, RSA 2000, c W-3 (canlii), one of the “specified enactments” under the REDA.  As will be seen, subject to forthcoming regulations, there could be a deluge of potential impacts, that could, unless the regulations are very clear, circumscribed, and publicized,  obfuscate water management and perplex water users and the public.

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The Top Ten Canadian Legal Ethics Stories – 2012

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At the blog Legal Ethics Forum John Steele recently published a list of the top ten legal ethics stories in America in 2012 (here). With contributions from Adam Dodek (University of Ottawa), Malcolm Mercer (McCarthy Tetrault), Richard Devlin (Dalhousie), and other members of the Canadian Legal Ethics Listserv, here is my articulation of a Canadian edition:

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ABlawg wins the Clawbie for Best Law School Blog

Since 2005, the Canadian Law Blog Awards, (Clawbies), a project of Stem Legal Web Enterprises, has annually presented category awards to blogs published the Canadian legal industry (see Lawblogs.ca).  The Clawbies website notes that when the Canadian Law Blog Awards started there were but 43 law blogs in the running, now there are over 400.  This makes the ABlawg particularly honoured and thrilled to be the recipient of the 2012 Best Law School/Law Professor Blog.

Here is the text that accompanied the New Year’s Eve announcement:

…  Best Law School/Law Professor Blog

This is always one of our toughest calls, since the quality of Canadian legal academic blogs is uniformly high.  This year, however, our choice was made easier by the outstanding performance by ABlawg, the University of Calgary Faculty of Law Blog.  Relevant and well-read beyond the walls of academia, the ABlawg is frequently consulted by practitioners throughout the province of Alberta, and it’s the rare law school periodical of any type that can lay claim to that accomplishment.

ABlawg is indebted to many for this accomplishment, praise, and honor, including its long-time supporters, excellent contributors, engaged readers, enthusiastic  commentators,  tireless editorial staff and volunteers, and,  of course,  those who showed their appreciation and support  by nominating  ABlawg for an award.  Many thanks to all.

 ABlawg wishes a peaceful, optimistic, and Happy New Year’s to all.