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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

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.

Quest. The Energy Resources Conservation Board Approves the First Commercial Scale Carbon Capture and Storage Project in Alberta

By Nigel Bankes

On August 3, 2012

In Administrative Law, Carbon Capture and Storage, Energy, Natural Resources, Oil & Gas

By: Nigel Bankes

PDF Version: Quest. The Energy Resources Conservation Board Approves the First Commercial Scale Carbon Capture and Storage Project in Alberta

Decision Commented On: Shell Canada Limited, Application for the Quest Carbon Capture and Storage Project, Radway Field, July 10, 2012, 2012 AERCB 008

In a long-awaited decision issued on July 10, 2012, Alberta’s Energy Resources Conservation Board (ERCB or Board) approved Shell Canada Limited’s application for a commercial scale CCS project (the Quest Project). The project is associated with the long standing Athabasca Oil Sands Project (AOSP) and the Scotford Upgrader where new facilities are designed to capture up to 1.2 megatonnes of CO₂ per year for ongoing injection. The cumulative stored volume is expected to be greater than 27 Mt of CO₂ over the expected 25 year life of the Scotford Upgrader. The approval is subject to some 23 conditions and, as contemplated by the scheme approval provision of section 39(2) of the Oil and Gas Conservation Act, RSA 2000, c O- 6 (OGCA), the project will only be finally approved by the ERCB following review by the Minister of the Environment who may impose additional conditions on the scheme approval.

British Columbia and the Northern Gateway Pipeline

By Nigel Bankes

On July 25, 2012

In Constitutional, Energy, Natural Resources, Oil & Gas

PDF version: British Columbia and the Northern Gateway Pipeline

Document commented on: BC Outlines requirements for heavy oil pipeline projects, July 23, 2012.

The proposed Northern Gateway Pipeline is proving to be extremely contentious on a number of fronts. It raises important questions about the duty to consult and accommodate indigenous peoples who may be affected by the project; it raises questions about the joint review panel and the role of the National Energy Board (see post here) and the amendments to the National Energy Board brought about by the Budget Bill, Bill C-38, now SC 2012, c 19); and, most recently, the province of British Columbia’s Environment Minister, Terry Lake and Aboriginal Relations and Reconciliation Minister, Mary Polak, have outlined the government of British Columbia’s five minimum requirements that must be met for that province “to consider the construction and operation of heavy oil pipelines within its borders.”

The Proposed Single Energy Regulator: Where Are We Now and Where Do We Go from Here?

By Nickie Nikolaou

On July 19, 2012

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

PDF version: The Proposed Single Energy Regulator: Where Are We Now and Where Do We Go from Here?

Report commented on: Enhancing Assurance: Developing an integrated energy resources regulator, A Discussion Document, May 2011

It has been over a year since the latest proposal to move to a single regulator for energy development in Alberta was released (see Enhancing Assurance: Developing an integrated energy resources regulator, A Discussion Document, May 2011 (Discussion Document)). Many Albertans are likely asking what, if anything, has happened since then. This post outlines the proposal currently before government, updates readers on any progress made, and highlights the critical issues that ought to be addressed on a go-forward basis.

Transporting Liberty: Where Is The Track Heading?

By Ola Malik

On July 16, 2012

In Constitutional, Municipal Law

PDF version: Transporting Liberty: Where Is The Track Heading?

Case Considered: R v S.A., 2012 ABQB 311, overturning 2011 ABPC 269

In many Canadian cities and towns, public transit is the only available means for some citizens to go about their daily lives. Can a balance be found in denying access to public transit to those who would abuse this service and the rights of other users of that service, in order to be safe, secure, and free of harassment or intimidation? Or, have we come to a point where citizens who face the daily burden of harassment, rude and intimidating behaviour or interference from others on buses, trains and transit stops must simply accept that this is an inevitable cost of using a public transit service?