Pipelines

No Duty to Consult Indigenous Groups on Legislation – Mikisew Cree First Nation v. Canada

Courtesy of McCarthy Tetrault. View original article here. The Supreme Court of Canada (SCC, or the Court) has ruled that there is no duty to consult Indigenous groups at any stage of the law-making process.[i]  This is an important ruling as the recognition of a justiciable duty to consult in the legislative process would have… [Read More…] about No Duty to Consult Indigenous Groups on Legislation – Mikisew Cree First Nation v. Canada

A Steady Judicial Tune Resonates Uncertainty: Federal Court of Appeal Orders Canada to Re-Consult on Trans Mountain Pipeline Expansion Project Approvals

Courtesy of Stikeman Elliott. View original article here. Canada once again faces uncertainty in relation to the Trans Mountain pipeline expansion project (TMX), which itself is a harbinger of the continued unpredictability surrounding the state of Canada’s regulatory landscape for major energy infrastructure projects as a whole. This latest installment in uncertainty arises due to the recent… [Read More…] about A Steady Judicial Tune Resonates Uncertainty: Federal Court of Appeal Orders Canada to Re-Consult on Trans Mountain Pipeline Expansion Project Approvals

Federal Energy Project Reviews: Timelines in Practice

Courtesy of Stikeman Elliott. View original article here In recent years the timelines to complete Canadian regulatory reviews of proposed major projects – and particularly environmental assessments which are the key part of the project review process – have become a major political issue. Over the last decade or so, project proponents have consistently raised… [Read More…] about Federal Energy Project Reviews: Timelines in Practice

Canadian Oil – No Easy Way Out

Courtesy of Stikeman Elliott. View original  article here. In its Report on Canada’s Energy Future 2017 (“2017 Report”), the National Energy Board makes energy supply and demand projections for the roughly quarter century period running from 2016 to 2040. While the key findings in the 2017 Report are noteworthy on their own, they also highlight the long-term… [Read More…] about Canadian Oil – No Easy Way Out

Regulating in the Green Era: the AER Rules Land Disturbance Not Justifiable by Short-term Economic Advantage of New Pipeline

Courtesy of Borden Ladner Gervais. View original article here. In January 2017, in ABAER 001 – Bonavista Energy Corporation A Regulatory Appeal of Two Well Licences and an Application for a Pipeline Gilby Field (Bonavista case), the Alberta Energy Regulator (AER) issued the first of its decisions for 2017 confirming two horizontal gas well licenses it issued… [Read More…] about Regulating in the Green Era: the AER Rules Land Disturbance Not Justifiable by Short-term Economic Advantage of New Pipeline

Pipeline Opponents Face Significant Obstacles in Securing Injunctive Relief

Courtesy of Blakes. View original article here. With the federal government recently approving major pipeline projects, it is expected that environmental and other special interest or lobbying groups will commence actions in an attempt to prevent or delay those projects from proceeding, which may include applying for injunctive relief. Those opponents face significant obstacles in… [Read More…] about Pipeline Opponents Face Significant Obstacles in Securing Injunctive Relief

A Big Step Toward Public Confidence in Federally Regulated Pipelines: Canada’s Proposed Financial Requirements Unveiled

Courtesy of Stikeman Elliott via Canadian Energy Law. View original article here. With the publication of the Pipeline Financial Requirements Regulations in Part I of the Canada Gazette on September 29, 2016, the federal government provided pipeline companies a first glimpse at the absolute liability (i.e. liability without proof of fault or negligence) regulatory regime first set… [Read More…] about A Big Step Toward Public Confidence in Federally Regulated Pipelines: Canada’s Proposed Financial Requirements Unveiled

Northern Gateway Project Approval Quashed Due to Inadequate Consultation

Courtesy of Blakes. View original article here. In its recent decision in Gitxaala Nation v. Canada, the Federal Court of Appeal (Court) quashed federal approval of the proposed Northern Gateway Project (Project). The Court held that although interested parties had ample opportunity to participate in the Joint Review Panel assessment process, the Government of Canada failed to… [Read More…] about Northern Gateway Project Approval Quashed Due to Inadequate Consultation

AER appeals Court of Queen’s Bench Redwater Decision

Courtesy of Alberta Energy Regulator. View original article here. The Alberta Energy Regulator (AER) has commenced an appeal of the May 19, 2016 Alberta Court of Queen’s Bench decision in the matter of Redwater Energy Corp. The decision allows receivers and trustees to disclaim AER licensed assets as a means of avoiding abandonment and reclamation… [Read More…] about AER appeals Court of Queen’s Bench Redwater Decision

NAFTA Chapter Eleven: Can TransCanada Break the U.S. Shutout?

Courtesy of Bennett Jones. View original article here. US investors have successfully used investor-state arbitration under the NAFTA when they have thought themselves wronged by the actions of governments in Canada or Mexico. But the United States itself has never lost a NAFTA investment arbitration. The United States’ record in NAFTA claims decided on the… [Read More…] about NAFTA Chapter Eleven: Can TransCanada Break the U.S. Shutout?