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
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
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
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
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?
Courtesy of Stikeman Elliott. View original article here. 2015 was not been a banner year for major inter-provincial or international pipeline projects in Canada. Apart from Enbridge finally being granted leave to open its Line 9 Reversal Project, 2015 brought little progress to report on the market access front as most of the major projects… [Read More…] about Pipe Dreams Deferred: A Look Back on How Major Canadian Pipeline Projects Fared in 2015 and Outlook for the Future