Browsing by Author "Ingelson, Allan"
Now showing 1 - 11 of 11
Results Per Page
Sort Options
- ItemOpen AccessCarbon Utilization in Building Materials(2018) Pawlak, Agnieszka; Ingelson, AllanGreenhouse gas emissions from anthropogenic sources have been on the rise since the industrial revolution. Scientists now believe that these gases, specifically CO2, is raising global temperatures and causing the climate to change. Reductions in CO2 emiss
- ItemOpen AccessClimate Change in the Canadian Impact Assessment Process(2020-09-10) Ajayi, Adewale Oluwapelumi; Stewart, Fenner L.; Wright, David W.; Ingelson, Allan; Oshionebo, EvaristusThis thesis examines how climate change, particularly upstream and downstream greenhouse gas emissions (GHGs), have been considered in Canadian environmental impact assessment (EIA) of energy projects. The legal and policy framework on EIA for energy projects has evolved, and the recent transition from the Canadian Environmental Assessment Act 2012 (CEAA 2012) regime to the Impact Assessment Act (IAA) is the most recent change. Although the CEAA 2012 and the IAA share similarities, they have different requirements with respect to GHG emissions. One of the major differences is that the IAA makes climate change considerations an essential factor for the assessment and decision-making phases of the review and approval of a proposed energy project. Under CEAA 2012, climate change considerations were not clearly spelt out, though there were several avenues for GHGs to be considered in the assessment process. This thesis reviews the former regime and practice under CEAA 2012, then examines the new regime, and the GHGs consideration in the EIA process in the United States of America (U.S).
- ItemOpen AccessLONG-TERM LIABILITY FOR CARBON CAPTURE AND STORAGE IN DEPLETED NORTH AMERICAN OIL AND GAS RESERVOIRS A COMPARATIVE ANALYSIS(Energy Bar Association, 2010) Nielson, Norma; Ingelson, Allan; Kleffner, AnneState legislation in North America that addresses whether a government will accept long-term liability for damage arising from the release of carbon dioxide (CO2) after capture and storage (CCS) in depleted oil and gas reservoirs is in its infancy. Three states have developed legislation that conveys two different approaches to long-term liability. The federal governments in the United States and Canada have not developed legislation to address the issue. This article examines emerging legislative frameworks, in a limited number of jurisdictions, that have been adopted to manage long-term liability: viz., Wyoming, Kansas, Montana, the European Union (EU), and Australia. The majority of state governments to date, including Wyoming, Kansas, and the State of Victoria in Australia, are not prepared to assume long-term liability, while the EU and the State of Montana are prepared to proceed with a conditional transfer of liability from the CCS developer/operator to the government. We conclude that while a model that incorporates a conditional transfer of liability to a “pool,” such as in Montana and the EU, may encourage more investment in CCS, such a model does not incorporate the “polluter pays” principle. Arguably the incentive is greater to prevent future gas releases and thereby minimize the long-term risk to the public in jurisdictions such as Wyoming, Kansas, and the State of Victoria, where the CCS developer and/or operator retains long-term liability under the common law. As has been the practice in some jurisdictions in the North American petroleum industry, if the CCS developer/operator is either required to purchase and maintain third party liability insurance, or to post a bond or other form of security with the government for site remediation and reclamation, such an approach will help to minimize the long-term liability for the government and taxpayers. However, in the case of CCS, given the extraordinarily long duration of the risk associated with carbon storage, it is by no means certain that either insurance or bonds can be purchased for such an extended time period. We recommend a pooling approach to the management of remediation and reclamation funds based largely on arguments that it is more economically efficient to do so. While it would be theoretically possible for such a pool to be private, it is likely that the need for independent oversight will result in a governmental entity assuming the management function for such a liability/compensation scheme.
- ItemOpen AccessNatural Resource Funds and the Promotion of Environmental Protection through Socially Responsible Investment: An Evaluation of the Alberta, Norwegian and Nigerian Sovereign Funds(2022-09-06) Tawoju, Akindele; Oshionebo, Evaristus; Ingelson, Allan; Stewart, Fenner; Hardcastle, LorianEnvironmental protection remains a burning global concern and different approaches have been developed to achieve it. Consistent with the dynamics of these approaches, the world has discerned the enormous potential of the financial sector in contributing to subsisting efforts towards the realization of environmental protection. Due to their huge capital strength, risk appetite and investment horizon, sovereign wealth funds are regarded as major financial actors. This research reveals that the major mechanism deployed by financial players, including sovereign wealth funds, in contributing to environmental protection is the making of socially responsible investments. With expatiation on the concept and principles of socially responsible investment in a manner that promotes environmental protection, this research focuses primarily on investigating the investment practices of the Nigeria Sovereign Investment Authority in comparison with those of the Norwegian Norges Bank Investment Management (which manages the Norwegian Government Pension Fund Global) and the Alberta Investment Management Corporation (which manages the Alberta Heritage Fund). By employing comparative, qualitative and doctrinal research methodologies, this research evaluates the legal, regulatory and governance frameworks of these three funds with particular attention on the Nigerian Sovereign Investment Authority. This research finds that while the Nigerian Sovereign Investment Authority lacks greatly in the implementation of its statutorily recognized obligation to make investments that contemplates environmental protection, the enabling statutory scheme of the Alberta Heritage Fund needs to be revisited to give legal force and credence to its policy implementation of socially responsible investment. The research further recommends that the Nigerian Sovereign Investment Authority create and implement policies that accommodate socially responsible investment in a fashion similar to the investment strategies adopted by the Norwegian Norges Bank Investment Management and the Alberta Investment Management Corporation.
- ItemOpen AccessReforming EIA in Nigeria through Next Generation Environmental Assessment(2022-04-01) Ugwuokpe, Kenneth; Wright, David; Ingelson, Allan; Stewart, FennerIn 1992, Nigeria put in place a federal environmental impact assessment (EIA) regime, the Environmental Impact Assessment Act, 1992 (EIAA), which conceptualised and formalised the EIA process as an environmental planning and management tool for Nigeria. The EIA processes have evolved significantly since the EIAA was passed about thirty years ago. Contemporary thinking around the world is focussed on the concept of next generation environmental assessment (NGEA). However, the EIAA remains unchanged to date. A primary objective of this thesis is to analyse the provisions of the EIAA in the light of the NGEA concept. To do so, this thesis examines how far the former satisfies or differs from the normative ideals of the latter. Analysis in this thesis uses Canada’s new Impact Assessment Act, 2019 (IAA) as a contemporary example of NGEA norm-based legislation. Thirteen defining components of NGEA are identified from the literature and analysed generally. These include, purpose and overall role of the assessment process, application rules, assessment streams, scope of assessment considerations, impacts analysis, the nature and significance of knowledge in the assessment, meaningful public participation, clear roles and responsibilities, co-operative jurisdictional assessment, consideration of alternatives and trade-offs as core decision criteria, decision making and review system, compliance and enforcement and monitoring and continuous learning. Drawing on the IAA, the focus of the analysis is on the decision making, sustainability, climate change, public participation, and enforcement and monitoring features of NGEA. This research took stock of Nigeria’s current environmental impact assessment process under the EIAA and found that EIAA significantly falls short of the NGEA standards, and that although the IAA equally has not measured up to the NGEA standards, it is a good beginning and has a lot to offer Nigeria as a reference point for future environmental regulation and management reforms.
- ItemOpen AccessThe Regalian Mineral Ownership Regime and Its Implications for Public Participation in The Mineral Rights Decision-Making Process in Ghana(2021-09-02) Ngaanuma, Vitus; Oshionebo, Evaristus; Stewart, Fenner; Ingelson, AllanArticle 257(6) of the 1992 Constitution of the Republic of Ghana creates a regalian mineral ownership regime. Every mineral in its natural state within the territory of Ghana is the property of Ghana, and is vested in the president on behalf of, and in trust for, the people of Ghana. The trust relationship created between the president and the people of Ghana regarding mineral rights has been determined by a judicial decision as nominal and, therefore, not justiciable. The research examines the constitutionality of the theory of nominal trusteeship in the regalian mineral ownership regime in Ghana, and its implications for public participation in the mineral rights decision-making process in Ghana. Adopting both doctrinal and interdisciplinary methodologies, the research argues that the theory of nominal trusteeship regarding mineral rights in Ghana that is unenforceable by court action, is unconstitutional and has negative implications for public participation in the mineral rights decision-making process in Ghana. The research recommends that the judicial decision that established the theory of nominal trusteeship regarding mineral rights in Ghana be overturned either through litigation or legislation.
- ItemOpen AccessRegulating Natural Resource Funds(2016) Onifade, Temitope Tunbi; Lucas, Alastair; Stewart, Fenner; Hamilton, Jonnette Watson; Sick, Gordon; Ingelson, Allan; Lucas, Alastair R; Stewart, FennerNatural resource funds are created to advance their home state interests. However, because they are more active as sovereign wealth funds invested within host states, overwhelming attention has been on their regulation to safeguard transnational interests. Meanwhile, they are only effective when they achieve their policy objectives within home states as against host states. The study asks how polities should regulate natural resource funds to be effective. Using qualitative methods in law and policy— comparative case study, literature review, and narration and description— to analyse primary and secondary legal data along with secondary empirical data, it claims that polities should regulate natural resource funds to be effective by adopting strong regulatory options and minimum regulatory essentials. It develops these options and essentials based on four regulatory features: legal framework and objectives, ownership regime, structure and functionality, and governance and operation. It makes a recommendation, and concludes thereafter.
- ItemOpen AccessThe Right to Be Cold: Examining the Indigenous Peoples’ Rights and Climate Change(2019-08-01) Ogunyemi, Dayo Adeniyi; Lucas, Alastair R.; Oshionebo, Evaristus; Ingelson, AllanThe reality of climate change and its adverse implication on the human and environmental rights of the Inuit is no longer in doubt. The observed impacts of climate change in the Arctic region confirm that the change in climate has violated the fundamental human rights of the Inuit inhabiting the Arctic region, the integrity of the Arctic ecosystem, and also the environmental “right to be cold”. Emissions of greenhouse gases primarily due to human activities have contributed monumentally to climate change, and these emissions have, over the years, been encouraged by the actions or inactions of States. The principle that “where there is a right, there is a remedy” prompts the search for legal remedies within the international human rights system to address the impacts of climate change on the Inuit and the Arctic region. This thesis addresses the legal and regulatory framework that can be adopted to address the impact of climate change on Northern Indigenous peoples. The question of whether current global regimes on climate change provide an effective mechanism for the Peoples of the Arctic to seek redress to defend their culture and way of life is also addressed. This thesis argues that the Inuit may find an effective mechanism to seek redress within the existing United Nations and Inter-American human rights systems.
- ItemOpen AccessThe Social Licence to Operate in the Context of Mining Projects and Indigenous Peoples: Is it Sufficient Just to Comply with the Law?(2019-07-02) Almeida Campana, Diego Xavier; Oshionebo, Evaristus; Ingelson, Allan; Lucas, Alastair R.Hard rock mining companies that comply with the law related to permits, approvals and indigenous consultation are not always successful in developing good relationships with the affected communities. Most of them are pushed to undertake actions beyond the limits of the law to create a good relationship with the project’s host indigenous community(ies). In the late 1990’s, the concept of social licence to operate emerged in the mining industry, to refer to the level of acceptance that a mining company has in the community where a project is intended to be developed. The process of acquiring a social licence to operate, which is not a permit provided by law, is necessary for the success of a mining development and the generation of certainty on its operations. This thesis describes the theory of the social licence to operate and the legal framework for indigenous consultation in Canada and Ecuador, two countries with different hard rock mining history and heritage. It then describes two projects per jurisdiction, a successful one in terms of social relationships with indigenous communities, and another one in which conflict and grievances occurred during the development of the project. The objectives of this research are to: (i) demonstrate that the company’s compliance with the law is not sufficient to acquire a social licence to operate; and (ii) based on the experience of the analyzed cases, identify the practices beyond the limits of the law, that aid in the acquisition of the social licence to operate.
- ItemOpen AccessThe Legal Duty to Consult and Meaningful Consultation: A Spectrum of Industry Approaches to Aboriginal Consultation in the Athabasca Oilsands(2015-04-29) Vredenburg, Vanessa; Frideres, James; Ingelson, Allan; Jones, VernonThis thesis presents an in depth analysis of the factors that influence the way in which resource extraction companies in the Athabasca Oilsands region of northern Alberta conduct Aboriginal consultation. The duty to consult arose historically through constitutional foundations, case law, and now is incorporated into regulatory guidance documents. Although the duty to consult has been documented in many different ways throughout history, there is a current shift in consciousness that there is a need to go beyond compliance with legal and regulatory guidance to move towards gaining ‘social compliance’. A review of current literature relating to Aboriginal community and resource extraction company relationships, sustainable development, and gaining a social license show that by going beyond regulatory compliance towards social compliance, a competitive advantage can be gained. Two models were identified to measure the way in which resource extraction companies conducted Aboriginal consultation: the rules model and the relationship model. The rules model is based on the idea that by following regulatory guidelines, project approval can be gained. The relationship model is based on the idea that by establishing long lasting relationships with Aboriginal groups that these companies could not only reach regulatory guidelines but go beyond towards achieving social compliance. Eighteen Aboriginal consultation practitioners who worked on projects in the Athabasca Oilsands region were interviewed to better understand the way in which their companies approached Aboriginal consultation. The data was analyzed based on the rules and relationship model. Through analysis, it was determined that the way in which these resource extraction companies approached consultation was not as black and white as originally thought, but instead could be placed on a spectrum with the rules model being at one end and the relationship model being at the other end. The research determined that in conclusion, the main factor that drove the way in which Aboriginal consultation was conducted was firstly, managing regulatory risk, and secondly managing social risk. Regulatory risk can be much more easily managed, as it can be quantified, and penalties are well understood. Social risk on the other hand, is not as well understood; however, corporations are increasingly seeing the need to mitigate social risk by establishing long lasting relationships with Aboriginal groups who have some control over social risk.
- ItemOpen AccessThe Role of Geography in the Genesis and Evolution of Environmental Rights in Montana(2018-04-02) Owad, Kathryn Rose; Holden, William N.; Ingelson, Allan; Draper, DianneA constitution is the repository of a society’s most cherished values and future ambitions, and offers any right enumerated therein the highest amount of legal protection. In 1972, the citizens of the State of Montana entrenched within their State Constitution the right to a clean and healthful environment, as well as several additional environmental guarantees. This constitutionalization of environmental values signified a shift in Montana’s identity from a historic natural resources colony, to a state with environmental consciousness. This case study utilized two qualitative research approaches, narrative history and document analysis, to conclude that Montanans’ development of an environmental ethic, and the consequential enshrinement of environmental rights, resulted from a combination of distinct geographic, political, historical, and social phenomena. Although Montana courts have developed a relatively strong precedent for implementing these environmental provisions, the true strength of these rights remains tentative and depends on future judicial review and citizen involvement.