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Open Access
ABlawg articles
(Canadian Institute of Resources Law, 2010-11) Kwasniak, Arlene; Bankes, Nigel; Fluker, Shaun
ABlawg is the University of Calgary Faculty of Law’s Blog on Developments in Alberta Law. It includes commentary by faculty members, sessional instructors, research associates at the Faculty’s affiliated institutes, and students on court and tribunal decisions and legislative and policy developments in Alberta. ABlawg includes commentary in several areas of interest to readers of Resources: Aboriginal Law, Carbon Capture and Storage, Climate Change, Energy Law, Environmental Law, Natural Resources Law, Oil and Gas Law, and Water Law. Resources articles have sometimes been reprinted on ABlawg (see e.g. Nickie Vlavianos, The Issues and Challenges with Public Participation in Energy and Natural Resources Development in Alberta and David Laidlaw and Monique Passelac Ross, Water Rights and Water Stewardship: What About Aboriginal Peoples?); in this issue of Resources we feature three ABlawg posts concerning (1) judicial interpretation of the Alberta Land Stewardship Act, (2) regulatory approaches to CCS, and (3) standing at the Energy Resources Conservation Board. The posts included here have been edited for length. For full versions of the posts and to become a subscriber to ABlawg, go to http://ablawg.ca/.
Open Access
Carbon Capture and Storage in Alberta: Learning from the Acid Gas Disposal Analogy
(Canadian Institute of Resources Law, 2007) Bankes, Nigel; Poschwatta, Jenette
There is a growing interest both globally and in western Canada in the capture and geological storage of carbon dioxide as a possible mechanism to help parties meet the stabilization objective of the Framework Convention on Climate Change and the quantified emission limitations of the Kyoto Protocol. Carbon capture and storage (CCS) envisages that CO2 will be captured from large final emitters (LFEs) and injected into a target formation. The widespread adoption of CCS will require the resolution of uncertainties in the areas of property, regulatory and liability. This paper uses acid gas disposal (AGD) as an analogy to explore the uncertainties in implementing CCS. The article begins by describing AGD and then moves to consider each of the property, regulatory and liability issues associated with this activity. It concludes with some preliminary reflections on Alberta’s AGD overall regulatory scheme and its adequacy.
Open Access
Draft Australian Legislation on Carbon Capture and Storage: A Canadian Perspective
(Canadian Institute of Resources Law, 2008) Bankes, Nigel; Poschwatta, Jenette
The Australian government has continued its leadership role in the development of a legal and regulatory framework for carbon capture and storage (CCS) with the release of draft CCS legislation. This paper provides a description and analysis of the Australian proposals and also offers a critique of the legislation from a Canadian perspective. The paper examines the proposed disposition regime, regulatory issues including approval of site plans and site closure, and liability issues. The paper also considers the way in which the draft proposes to deal with possible conflicts between CCS interests and petroleum exploration and production interests.
Open Access
Environmental Security and Gas Exports
(Canadian Institute of Resources Law, 1996) Bankes, Nigel
Open Access
The Federal Government's Climate Change Policy and the Role of Carbon Capture and Storage
(Canadian Institute of Resources Law, 2008) Bankes, Nigel
Following release of its new greenhouse gas policy in April 2007, the Government of Canada released additional documents in March 2008, elaborating on various aspects of the policy with actual regulations promised in Fall 2008. Carbon capture and storage (CCS) is relevant to the policy in four ways: (1) regulated emitters may meet their targets by engaging in CCS, (2) CCS projects will qualify as offsets projects, (3) a regulated entity may dedicate its fund contributions to a CCS project, and (4) CCS technology will be used to determine emissions intensity targets for new (post-2012) projects.
Open Access
International Wildlife Law
(Canadian Institute of Resources Law, 2006-02) Bankes, Nigel
The term "international wildlife law" as used in this paper refers to the body of rules of international law that apply to the protection, conservation, and harvesting of wildlife, the rules that restrict international trade in wildlife, and the international body of rules that apply to the protection of wildlife habitat.
Open Access
Is British Columbia Leading the Way in Natural Resources Management? Part II: Ethics and Resource Takings: The Schwindt Report
(Canadian Institute of Resources Law, 1993) Bankes, Nigel
Open Access
Judicial Attitudes to Aboriginal Resource Rights and Title
(Canadian Institute of Resources Law, 1985) Bankes, Nigel
Open Access
Marketing Electricity: Alberta Review Raises Key Issues for a Sustainable Energy Policy
(Canadian Institute of Resources Law, 1992) Keeping, Janet; Bankes, Nigel
Open Access
Mikisew Cree and the Lands Taken Up Clause of the Numbered Treaties
(Canadian Institute of Resources Law, 2006) Bankes, Nigel
Open Access
Natural Resource Projects, Indigenous Peoples and the Role of International Law
(Canadian Institute of Resources Law, 2004) Bankes, Nigel
Open Access
Negotiating the Disposition of Crown Resources: Forest Management Agreements in Alberta
(Canadian Institute of Resources Law, 1984) Bankes, Nigel
Open Access
Polar Bears: The Implications of An ESA Listing for the Continuing Conservation Hunt of Bears Article
(Canadian Institute of Resources Law, 2008) Bankes, Nigel
Nexen Inc.
Open Access
Recent Developments in Oil and Gas Law
(Canadian Institute of Resources Law, 1999) Bankes, Nigel
The paper covers cases handed down during 1998 that will be of interest to the oil and gas industry. The cases are treated under three general headings: doctrinal development, litigation against the Crown or the regulator, and aboriginal oil and gas litigation. The paper concludes with a review of recent legislative developments in Yukon and British Columbia.
Open Access
Regulatory Tribunals and Aboriginal Consultation
(Canadian Institute of Resources Law, 2003) Bankes, Nigel
Open Access
Shaping the Future or Meeting the Challenge? The Federal Constitutional Proposals and Global Warming
(Canadian Institute of Resources Law, 1991) Bankes, Nigel
Open Access
'Speaking Truth to Power', Some Reflections on the Role of Law
(Canadian Institute of Resources Law, 2007) Bankes, Nigel
The article explores two views of the relationship between law and power using examples principally derived from the relationship between indigenous peoples and the state in both domestic (national) law and international law. From a critical perspective law simply encodes, entrenches and perpetuates power relationships. From this perspective law is incapable of speaking truth to power. From a liberal perspective law has emancipatory possibilities with the potential to de-stabilize and change the status quo. The presentation argues that the possibilities associated with this second perspective are most likely to be realized as a result of the interaction between different legal systems and especially the interaction between domestic (or national) legal systems and the international legal system.
Open Access
Using Strategic Environmental Assessments to Guide Oil and Gas Exploration Decisions in the Beaufort Sea: Lessons Learned from Atlantic Canada
(2012-10-16T20:58:55Z) Doelle, Meinhard; Bankes, Nigel; Porta, Louie
The 21st century has seen a renewed interest in developing Canadian Arctic oil and gas reserves. Historically, hydrocarbon development efforts focused on land or shallow water hydrocarbon potential. Since 2008 the industry has shifted its attention to the deepwater areas of the Canadian Beaufort Sea — a region that to date has experienced limited exploration and no development. In the wake of the huge Macondo oil spill in the Gulf of Mexico, Canada's National Energy Board (NEB) initiated a public Review of Offshore Drilling in the Canadian Arctic to ensure the regulatory system was prepared to handle the unique challenges of Arctic drilling. There was no similar examination of the adequacy and appropriateness of Canada's Arctic oil and gas rights issuance process. In this paper we argue that a key weakness in the current procedure is the failure of the government to apply state of the art Strategic Environmental Assessments (SEAs) as part of deciding where and when to open new areas to potential oil and gas drilling activities.
Open Access
Water Law Reform in Alberta: Paying Obeisance to the "Lords of Yesterday", or Creating a Water Charter for the Future?
(Canadian Institute of Resources Law, 1995) Bankes, Nigel
Open Access
Water Management Planning and the Crown's Duty to Consult and Accommodate: A Comment on Tsuu T'ina First Nation v. Alberta
(Canadian Institute of Resources Law, 2008) Bankes, Nigel