Category: Environmental

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Alberta to Restrict Compliance Options for Large Industrial Emitters: Smart Policy or Government Windfall?

March 21, 2017

On March 3, 2017, Alberta Environment and Parks (AEP) released a policy decision (Decision) affecting industrial facilities (Facilities) that emit more than 100,000 tonnes of greenhouse gas (GHG) per year. The Decision follows the Alberta government’s Climate Leadership Plan (Plan), which was released in November 2015 (see our November 2015 Blakes Bulletin: Just Like Any Good Recipe, Alberta’s Climate Leadership…

B.C. Court of Appeal Denies Class Certification of Environmental Nuisance Claim

February 21, 2017

On February 15, 2017, the B.C. Court of Appeal issued its decision in Baker v. Rendle (Baker) denying class action certification in a case about nuisance claims against industrial operations. Baker lends further weight to the view that private claims by landowners for environmental nuisance are ill suited for resolution by class action. BACKGROUND The defendants obtained a composting facility…

China’s Proposed National Carbon Market and Opportunities for Cooperation with Canada

December 19, 2016

In 2017, China plans to establish a national carbon market (Chinese Carbon Market), which, once in place, will be the largest carbon cap-and-trade scheme in the world, essentially involving all of China’s local provincial governments with oversight and guidance from the Central Government of China. This article provides an outline on how the Chinese Carbon Market is expected to be…

Ontario Announces Proposal for Cap-and-Trade Offset Credits Protocols

November 21, 2016

On November 15, 2016, Ontario’s Ministry of Environment and Climate Change (MOECC) posted its Offset Credit Regulatory Proposal on the Environmental Registry, where it will be available for comment until December 30, 2016. Offset Credits will increase the compliance options for facilities covered by the cap-and-trade program and they will extend the environmental benefits of greenhouse gas (GHG) mitigation. For…

Details of Alberta’s Renewable Electricity Program: Program to Add 5,000 Megawatts of Capacity by 2030

November 8, 2016

On November 3, 2016, the Alberta government announced its endorsement of the Alberta Electric System Operator’s (AESO) recommendations for the Renewable Electricity Program (REP). The purpose of the REP is to encourage the development of 5,000 megawatts (MW) of renewable electricity generation capacity in Alberta between now and 2030. If accomplished, Alberta’s renewable electricity generation capacity will increase from 11…

Alberta’s “30 by 30” Renewable Energy Target: Will Wind Energy Projects Now Be Permitted on Public Lands?

September 19, 2016

On September 14, 2016, the Alberta government provided an update regarding its Renewable Electricity Program. In particular, the government confirmed a firm target of 30 per cent electricity from renewable sources by 2030 (30 by 30) and announced that it will support the development of 5,000 megawatts (MWs) of additional renewable energy capacity to help achieve this target. Further details…

Whitepaper: What to Expect Once Your Wind Power Project Has Been Approved

September 12, 2016

2016 has been full of promising news for Canadian wind power developers. Competitive financial incentive programs supported by the Alberta government, among others, are expected to spur the development of wind and other renewable energy projects. Successful bidders in the aforementioned programs will be required to obtain the regulatory, environmental, municipal and ancillary approvals necessary to construct and operate their…

B.C.’s Updated Climate Action Plan: What You Need to Know, What’s in, and What’s Been Left Out

August 29, 2016

The B.C. government recently released the much anticipated Climate Leadership Plan (Plan), which updates the 2008 Climate Action Plan (2008 Plan) and responds to the government-appointed Climate Leadership Team’s (Panel) 32 recommendations for climate action for British Columbia. The Plan attempts to balance the actions required to reduce greenhouse gas emissions (GHG) to reach 2050 targets with the government’s policies…

Northern Gateway Project Approval Quashed Due to Inadequate Consultation

July 4, 2016

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 adequately consult with First Nations before the governor-in-council (Cabinet) approved…

Federal Government Order to Protect Frog Habitat Stops Land Development in Suburban Montréal

July 4, 2016

On June 17, 2016, the federal cabinet approved an emergency order (Order) for protection of the habitat of the Western Chorus Frog (Great Lakes/St. Lawrence-Canadian Shield population) in La Prairie, Quebec. This is the second emergency order issued under the Species at Risk Act (SARA), and the first to impact privately owned land. The Order was published in the Canada…

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