Browsing by Author "Poschwatta, Jenette"

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    Alberta's 2008 Approach to Climate Change: A Step Forward?
    (Canadian Institute of Resources Law, 2008) Poschwatta, Jenette
    Climate change is upon us and it poses considerable challenges. In January 2008, Alberta released its new action plan (Alberta's 2008 Climate Change Strategy) to address the problem of climate change. The focus of the paper is an analysis of the Alberta approach and asks whether the approach is adequate to the challenge. The paper identifies several key deficiencies including ambivalent targets, undeveloped actions and a lack of integration with existing climate legislation. Finally, the paper cautions that the Alberta approach to the problem of climate change may lead to unintended consequences.
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    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.
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    Developing a "Comprehensive Energy Strategy" with a Capital "C"
    (Canadian Institute of Resources Law, 2008) Wenig, Michael M.; Poschwatta, Jenette
    Alberta policy makers are developing a "comprehensive energy strategy" which is sorely needed to guide Alberta through the many energy crossroads that it now faces. This paper focuses on the strategy’s "comprehensive" aspect, by analysing why the energy strategy needs to be "comprehensive", what factors must be considered in developing the strategy, and what components must be included in the strategy, to make it "comprehensive". Our analysis of "comprehensiveness" stems from an energy systems perspective, which attempts to account for all energy forms and all other physical and institutional energy system parameters, and the linkages among those energy forms and system parameters. After identifying these energy system characteristics, and several fundamental policy issues that need to be addressed, the paper cautions that, because of the inherent complexities, the development of a "comprehensive" energy strategy requires a continuous, iterative process and a special focus on cross-cutting tools.
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    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.