News Brief | Alberta EnviroLawConnect

News Brief – February 2014
(2/10/2015)

• Buyer Beware, Backhoes and Water Woes

What Lies Beneath? Buyer Beware.
(1/29/2015)

• It’s every homeowner’s nightmare: You buy a home, move in, then find out there’s an abandoned gas well beneath, leaking and contaminating your property. Think it can’t happen to you? It can.

News Brief – October 2014
(10/22/2014)

• MGA review, dry dams and upcoming challenges

News Brief – April 2014
(4/17/2014)

• Municipal powers, reclamation orders and the effects of AER

News Brief – March 2014
(3/21/2014)

• Who wants to know about oil spills?

News Brief – January 2014
(1/23/2014)

• Northern Gateway, Grousing about Caribou and Timely Reclamation

Correction! News Brief – Environment Week Edition
(6/6/2013)

• In which we provide the correct link to read more about environmental groups being denied standing on water appeals.

News Brief – Environment Week Edition
(6/5/2013)

• Mud-boggers, SAGD and standing, oh my!

2012 Annual Report
(5/24/2013)

• Join us in celebrating 30 years of excellence! Our 2012 Annual Report is now available.

News Brief – Earth Day Edition
(4/22/2013)

• You won’t believe how many well sites are abandoned in Alberta. Read this issue to find out why you should care.

Taking the political route; environmental platforms; SLAPP suits; getting heard through petitions; lessons learned from “Potatogate”

Vol. 27 No. 2

Charities and political activity; Northern Gateway Project and the joint review process; assessing environmental risks; Enbridge risk assessment; super-boards and public participation; how to “hijack” a hearing

Vol. 27 No. 3

Canadian Environmental Assessment Act, 2012; Fisheries Act changes; Alberta’s single energy regulator;

Vol. 27 No. 4

Looking back at 30 years of environmental law; conservation easements in Alberta; governance for environmental outcomes; back to the Oldman River; a look back at the Whaleback hearing; reflections on multi-stakeholder consensus-based decision-making in Alberta

Vol. 26 No. 1

What is standing and why should you care?; Alberta’s energy regulators split on common mandate; the ERCB and consistency in awarding costs; public interest access to transmission approvals

Vol. 26 No. 2

Grassland management; recreation and water; the Greater Sage Grouse; water transfers; contaminated land regulation

Vol. 26 No. 3 

Where do laws come from?; Is this a law?; reading and interpreting statutes and regulations; rights to participate in municipal planning; future of Edmonton farmland; integrated environmental management

Vol. 26 No. 4

Who governs the government?; challenging administrative decisions; remedies through judicial review; public participation update, standing and costs

Vol. 25 No. 1

“Rac”king our brain over oilsands country; interpreting the Land Use Framework; Lower Athabasca Regional Plan and biodiversity doublespeak

Vol. 24 No. 1

Tougher fines for federal environmental offences; BC aquaculture laws found unconstitutional; species at risk in Suffield National Wildlife Area

Vol. 24 No. 2

Private claims vs. public interest and environmental protections; the federal government’s responsibility to to report on pollution from the mining sector; changes to Alberta’s land use planning system; Environment Minister’s failure to identify critical habitat unreasonable; federal laws get enforcement and penalty makeover

Vol. 24 No.3

Bill 50 delivers shocks to the electricity planning process; Court of Appeal opens ERCB’s standing door a crack; feds face firm greenhouse gas bill; critical habitat identification under SARA

Vol. 24 No. 4

Alberta’s new land use planning process begins; provincial water allocation review; Environmental Bill of Rights enters Parliament; nuclear in Alberta

Vol.23 No. 1 

Oilsands appeal provides little clarity; water diversions, licences, property transactions and water sales; Federal Court finds CEAA amendments alter government’s scoping powers; the public interest, the ERCB and NRCB; the Alberta Utilities Commission Act

Vol.23 No.2 

Our vision for land use planning in Alberta; subsurface mineral sales in BC; land use planning and fish; Strathcona County’s and capital region planning; fitting the public interest into a big picture plan for Alberta

Vol.23 No.3 

Equity and the Water Act; flurry of Aboriginal litigation hits Alberta; initiating investigations under the Environmental Protection and Enhancement Act; Metal Mining Effluent Regulations; tree trespass

Vol.23 No.4 

Environmental impacts of new nuclear power projects; Court of Appeal confirms regulation is of limited use; nuisance claims may be easier to prove

Vol.23 No.5 

Kyoto Implementation Act is a matter for Parliament; energy micro-generation in Alberta; climate change and water management in Alberta; no consensus at UN Climate Change Conference in Poland; renewable portfolio standards for Alberta

Vol.22 No.1

Alberta’s initial steps toward watershed management planning calls for public input in oilsands development; a regulatory framework for nuclear power for the oilsands

Vol.22 No.2 

Oilsands development planning; oilsands and water; oilsands and reclamation; governing the oilsands; a backgrounder on oilsands consultations

Vol.22 No.3 

Siting concerns regarding nuclear energy; greenhouse gas regulation 101; EAB approvals must support higher goals; lawsuit launched against Canada for breaching Kyoto; Land Use Framework

Vol.22 No.4 

EUB turns down energy project; oilsands consultation completed, now what?; EUB updates Eastern Slopes policy and proposes pilot project; Alberta’s multiple planning paths

NRCB revises to respond to AOPA concerns; trespass and directional drilling; federal “smart regulation”

Vol.21 No.2 

Access to EAB process; emissions trading regulation now in force; oilfield injection of fresh water policy and guidelines released; new rules for water testing for CBM wells; judicial interpretation of EPEA at odds with pollution prevention

Vol.21 No.3 

ELC report on brownfields; EUB supports watershed planning in Battle Lake; consultation begins on Alberta Land Use Framework; flexible federal enforcement and compliance tool would be of value provincially; EPEA amendments foreshadow new regulatory programs; case updates

Vol.21 No.4 

Clean Air Act weak on greenhouse gas emissions; EUB warns against form letters in intervener submissions; plants may force Alberta to address gaps in species at risk legislation

Vol.21 No.5 

Government fails to consult Dene Tha’ on Mackenzie gas project; initial promise of Fisheries Act 2007 not substantiated; new reporting requirements for pesticides; consultation on Land Use Framework proceedingl IL 93-9 and the development of the Southern Eastern Slopes

Vol.20 No.1 

“Harmony” in toxic substance regulation muddles CEPA 1999 five-year review; group standing that the EAB; message for the Minister of Alberta Environment; the state of polluter pays in Canada

Vol.20 No.2 

Alberta – BC environmental harmonization; legal, practical and political implications of the Species at Risk Act; Court of Appeal clarifies sentencing principles for environmental offenses

Vol.20 No.3 

Ticketing for environmental offenses; EUB give conditional green light on sour gas wells outside Calgary; deterrence of environmental offenses; regulatory challenges on the disclosure of information under EPEA; Why incorporate as a Society?

Vol.20 No.4 

EUB changes enforcement policy; DFO sets mew policy course for Fisheries Act enforcement; putting the brakes on subdivision; EAB decision raises concerns over Alberta Environment’s mandate

Vol.20 No.5 

Judicial scrutiny of environmental assessment in Alberta; environmental disasters and Lake Wabamun

Vol.19 No.1 

Supreme Court allows interim costs for public interest case; sour gas well application denied; tips for preparing board submissions without a lawyer; new model emerging for wildlife management; My neighbour’s tanks are leaking!; federal environmental petition a useful tool; new privacy law may affect environmental and community groups

Vol.19 No.2 

Dealing with problems from motor boat use; Contaminated Sites Committee submits interim report; reasonable expectation of consultation taken seriously by courts; AOPA amendments give with one hand and take with the other; new legislation permits off-road vehicle use in heritage rangeland; landowner and oil and gas interest; Alberta Environment takes restrictive view of “directly affected”

Vol.19 No.3 

Animal welfare law reform stalled in Parliament; conservation easements – benefits and barriers; court affirms purpose of Alberta’s EIA process; e-recycling details hidden; launching a private prosecution; report on oilfield injection of water finalized; Supreme Court rules in favour of GM canola; Water, water everywhere but will we get a drink?

Vol.19 No.4 

Municipal law and environmental protection; mold matters; ELC assessment of EAB accessibility nears completion; EAB to consider changes to Cheviot project; NRCB approval leaves unanswered questions; accessing environmental site assessment information from Alberta Environment

Vol.18 No.1 

Alberta’s proposed climate change legislation; government set to restrict recreational access to public lands; public participation and Bill 32, the proposed Climate Change and Emissions Management Act; When smoke gets in your eyes…;constitutional support lacking for Bill 32; Environmental Farm Plan designed to help agricultural sector

Vol.18 No.2 

New split-receipting income tax rules for charitable gifts; province enacts retroactive criteria for EUB consideration; receding lakes and property lines; municipal powers over livestock operations; joint panel rejects hydro project on precautionary basis; Draft Provincial Water Strategy stresses partnerships; making the most of your environmental lawyer; creative sentencing part I

Vol.18 No.3 

Greater onus on landowners under new reclamation system; regulatory reform needed for contaminated sites; costs awarded to citizens in Inland Cement appeal; forestry case sets precedent for duty to consult; judicial review finds EAB patently unreasonable; creative sentencing part II; seeking answers about regulatory requirements for projects impacting water bodies

Vol.18 No.4 

Alberta passes class proceedings legislation; multi-stakeholder initiative proposes emission framework for Alberta’s energy sector; clearer picture for successful costs claims before EAB; provincial water strategy promises better management; water systems shift to EPEA codes of practice

Vol.17 No.1 

Commercial leases and landlord liability for tenants’ contamination; environmental impairment liability insurance and landfills; Where’s Alberta Environment going with our waste?; federal role in environmental assessment; electricity generation expansion sparks many issues; regulatory change for Alberta workplaces; researching environmental law on the internet

Vol.17 No.2 

Alberta’s Water Strategy; enforcement of EAB recommendations and NRCB decisions; conflict between the oil and gas industry and agricultural landowners; CASA working on management system for electricity air emissions; update on agricultural operations from the NRCB; greenhouse gas emissions trading; oil and gas exploration on First Nations; EAB penalty reductions don’t add up

Vol.17 No.3 

Trouble for toxic torts as class actions; estate liability for contaminated land; industrial activity on crown land and trappers’ compensation; individual citizens can make a difference; direction needed for regulatory remediation of contamination; agricultural development and loss of biodiversity in Northern Alberta

Vol.17 No.4 

Climate change consultation history; inter-basin transfer approved by Alberta; pest control proposal needs strengthening; Security Management Status Amendment Act, 2002; What’s a volunteer to do; costs awarded to citizens in Lafarge appeal; Bill 32 heats up Alberta’ climate change picture; accessing climate change information via websites

Vol.16 No.1 

Helicopters “whirrying” wildlife?; sour gas public health and safety review; intensive livestock feeding operations and the Klapstein Committee; aerial pesticide applicator company and individual give heavy fines; pesticides and progress; practical pointers on petitions; new administrative penalty system

Vol.16 No.2 

Strip malls give me gas; proposed amendments to CEAA and Aboriginal interests and perspectives; creative sentencing in Alberta; contaminated land – minimizing the buyer’s risk; finding the facts of fisheries; EUB rejects sour gas well for public safety

Vol.16 No.3 

Indigenous peoples and Forest Stewardship Council certification; the adjudication of “directly affected”; stakeholder consultation and the proposed Meridian Dam; municipal regulation of pesticide use; the Federal Court of Appeal on scoping project and assessment and on public interest costs; an alternative approach to environmental regulation; federal alternative enforcement mechanism

Vol.16 No.4 

When the cat(erpillar) gets the birds; AENV business plan; falsifying documents at wastewater treatment plant gives one day jail and 500 hours community service; moral duty to consult; DFO prairie expansions; provincial regulation of confined feeding operations; recent changes to the EUB’s cost recovery policies and procedures

Vol.15 No.1 

Alberta’s municipal taxes and habitat loss; heritage seeds; CEAA five-year review; EAB’ approach for determining Aboriginal issues incomplete; the proposed Drinking Water Materials Safety Act; the tragedy of Little Mountain; administering environmental administrative penalties; don’t leave security on the table

Vol.15 No.2 

When public consultation becomes pulp fiction; Species at Risk Act; FOIP fee for forestry plans waived in public interest; “mission impossible” in obtaining cost from EAB; EUB demands more effective public consultation; liability of developers and consultants; considerations for insolvency professionals when dealing with contaminated lands

Vol.15 No.3 

Pesticide primer and the need for federal action; liability of companies for contamination upon amalgamation and retrospectivity in BC’s Waste Management Act; talking to your neighbours; Alberta Environment approves new compliance assurance principles; can’t see the forest (law) for the trees; EUB consultation on costs

Vol.15 No.4 

Researching environmental law on the internet; down in the dumps over the dump; Minister must give reasons for failure to follow EAB recommendation; BC introduces anti-SLAPP legislation; AENV director’s discretion in writing approval conditions is broad; public reporting on Alberta Environment’s compliance assessment and enforcement activities; statutory appeals

Vol.14 No.1 

New limitation period added to EPEA; farming, well water and eater rights; proposed regulatory framework for livestock feeding operations; CEPA review update; riparian rights a factor in EAB decision; whither “polluter pays”?; brownfields development; coal mine opponent turned down

Vol.14 No.2

Occupier’s liability and natural land; Banks say: You’re clean? Show us the certificate!; court sets aside Director’s decision varying approval; appellants need to move carefully in establishing appeals; EAB reduces penalty for pesticide application; courts consider polluter profits in sentencing; the Multilateral Agreement on Investment and the environment; contaminated land – When should we tell?

Vol.14 No.3

Is municipality spraying by the rules?; trade agreements and bulk water exports; the latest from the Livestock Regulations Stakeholder Advisory Group; FOIP Act’s litigation privilege prevents disclosure of environmental assessment report; narrow interpretation of appellant status leaves public interest; municipality liable for illegal pesticide spraying; Don’t ignore these municipal bylaws

Vol.14 No.4 

CEPA review; public land berry pickers; wellsite reclamation review; environmental orders and actions affecting real estate; troublemakers; Minister rejects recommendations of EAB; oil and gas operator liable for damage to livestock; first enforcement order issued under Alberta’s new Water Act

Vol.13 No.1 

Bankruptcy and insolvency amendments affect environmental liability of trustees and receivers; U-pick owner troubled by proposed feeder and weaner operation; Alberta’s Fisheries Act; EAB’s attempt to limit appeal’s scope held unfair; EAB costs update; request for information and the litigation privilege; litigate or mediate; Director’s letters not subject to appeal

Vol.13 No.2

Government proposes move to reclamation audit system; tree trespass; EAB outlines test for reconsideration; FOIP protects identity of Special Places 2000 nominators; Supreme Court clarifies Aboriginal title and use rights; delegated organizations and environmental protection; bad advice; alfalfa plant ordered temporarily shut down

Vol.13 No.3 

New amendments to EPEA; regulating intensive livestock operations; information on the new Water Act; bridges and roads; timber permit quashed to protect treaty rights; Who pays?; the role of the compliance division; reclamation update

Vol.13 No.4 

A snapshot of the new Water Act; range improvements and timber harvesting; water rights under the Water Act; keeping secrets; electrical restructuring; coal mine opponent jumps preliminary hoops