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The Pacific Coast Action Plan On Climate And Energy – Will It Make A Difference?

Late last month, the Governors of California, Oregon, and Washington joined with the Premier of British Columbia to sign a Pacific Coast Climate Action Plan on Climate and Energy (PCAP). Like its ill-fated predecessor, the...more

Future of Hydraulic Fracturing in Europe Remains Uncertain after France’s High Court Upholds Law Banning Fracturing Activity

Following two years of litigation, France’s Constitutional Council—the highest court in France — upheld the country’s ban on hydraulic fracturing, ruling that the 2011 law “conforms to the constitution” and is not...more

Rocky Mountain Farmers Union v. Corey: Ninth Circuit Holds that "California's Regulatory Experiment" Does Not Discriminate Against...

On September 18, 2013, the Ninth Circuit issued a ruling that may have significant consequences for oil and ethanol producers all across the globe. In Rocky Mountain Farmers Union v. Corey, No. 12-15131 (9th Cir. Sep. 18,...more

Energy Newsletter - October 2013

In This Issue: - Mexican Congress to Consider Constitutional Oil and Gas Reforms: Bold Stride Forward or Half-Step? - European Union adds legislative weight to the promotion of transparency in the extractive...more

Alberta First Nations Challenge Constitutionality of Federal Regulatory Reforms

On January 8, 2012, the Mikisew Cree First Nation and the Frog Lake First Nation (the First Nations), both located in Alberta, filed notices of application (the Applications) with the Federal Court seeking judicial review of...more

Canada and Investment Treaty Arbitration: Three Prominent Issues - ICSID Ratification, Constituent Subdivisions, and Health and...

Co-authored with Barry Leon and Andrew McDougall. This article addresses three issues that have been of particular interest regarding Canada’s experience with investor-state arbitration. The first issue concerns the...more

Reducing the Judicial Deficit in Multilevel Environmental Regulation

It is argued that multilevel environmental regulation presents a judicial deficit. Although environmental law is implemented at the international, European and national level, judicial review against implementing measures is...more

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