Alberta Court of Appeal to consider two more decisions on standing before the ERCB

11/19/2010

 
Leave to Appeal Granted in Kelly #2
 
Kelly v. Alberta (Energy Resources Conservation Board), 2010 ABCA 307 (CanLII) (Kelly #2)
 
On October 15, 2010 the Alberta Court of Appeal released a leave to appeal decision in Kelly #2.  The court will hear an appeal on the following two issues:
 

1. Is a person who resides outside the Emergency Planning Zone, but within the zone where a potential exists for hydrogen sulfide levels of 10 ppm, directly and adversely affected as a matter of law, so as to be entitled to standing?
2. Did the Board err by holding that there was no evidence on the record to show that the applicants’ medical conditions would give them a heightened sensitivity to oil and gas well operations in the vicinity of their properties, and if so is that an error of law?

 
Read “Alberta Court of Appeal to consider two more decisions on standing before the ERCB” on the ELC blog.
 
 

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