Indigenous Peoples, Environmental Law

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

by Elizabeth Coyle, Thoma Gelbman, Maureen Killoran | Osler, Hoskin & Harcourt LLP on 5/17/2013

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

Changes to First Nations Consultation in Alberta

by Wally Braul, Kelly Bray, David Macaulay, Shawn Munro, Cassia Prentice | Bennett Jones LLP on 5/13/2013

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on...more

Aboriginal Law – The Crown’s Duty to Consult and the Involvement of Natural Resources Proponents in the Consultation Process

by Anne-Marie Dupont, Simon Ruel | Heenan Blaikie LLP on 5/10/2013

Natural resources proponents are often deeply involved in consultations with Aboriginal communities that may be affected by their projects. How far can the Crown delegate its constitutional duty to consult Aboriginal people...more

Aboriginal Consultation Levy Act Introduced into the Alberta Legislature

by Shawn Denstedt Q.C., Suzanne MacMillan, Terri-Lee Oleniuk | Osler, Hoskin & Harcourt LLP on 5/9/2013

On May 8, 2013, Alberta’s Aboriginal Relations Minister introduced Bill 22, the Aboriginal Consultation Levy Act, into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding...more

Federal Court Provides Guidance on Adequacy of Consultation About Environmental Assessments of Major Resource Projects

by Jeremy Barretto, Thoma Gelbman, Suzanne MacMillan | Osler, Hoskin & Harcourt LLP on 5/8/2013

On April 23, 2013, the Federal Court of Canada released its decision dismissing an application commenced by the Conseil des Innus de Ekuanitshit (the Applicant) to judicially review the Order in Council (OIC) issued on the...more

The Government Of Québec Imposes A Temporary Moratorium On Uranium Exploration And Development

by Ann Bigué, Dominique Quirk | Dentons on 5/3/2013

On March 28th, Québec Environment minister Yves-François Blanchet announced that the Bureau d’audiences publiques sur l’environnement (BAPE) will hold public hearings on the uranium sector in Québec. These hearings are...more

Renewable Energy Update -- April 23, 2013

by William R. Devine, Emily L. Murray, Patrick A. Perry | Allen Matkins Leck Gamble Mallory & Natsis... on 4/25/2013

Renewable Energy Focus - ..Weakest quarter for clean energy investment since 2009, Bloomberg - Apr 14: Global investment in clean energy in the first three months of 2013 was lower than in any quarter for the...more

A Look at the Obama Administration’s Upcoming Hydraulic Fracturing Regulations

by Harmon L. (Monty) Cooper | Sedgwick LLP on 4/23/2013

This spring, the oil industry and environmental groups are expecting the Department of Interior’s Bureau of Land Management (BLM) to issue a revised rule that will regulate hydraulic fracturing (fracking) on federal and...more

Significant Changes Announced for Aboriginal Consultation in Alberta

by Jeremy Barretto, Martin Ignasiak, Suzanne MacMillan | Osler, Hoskin & Harcourt LLP on 4/22/2013

On April 2, 2013, the Government of Alberta released a revised draft of its First Nations consultation policy, corporate guidelines and consultation matrix for review and comment. This policy calls for significant changes to...more

The Recent “Culvert Decision” in United States v. Washington Is Likely To Have Significant Implications For Governmental and...

by Bart J. Freedman, Benjamin Mayer | K&L Gates LLP on 4/19/2013

On March 29, 2013, United States District Judge Ricardo S. Martinez ordered the State of Washington to replace culverts under State owned roads that block the passage of salmon to critical habitat. The court earlier found...more

US District Court Judge Orders Washington Highway Culverts Opened for Fish Passage

by Lane Powell PC - Environmental Law on 4/11/2013

Federal district court Judge Ricardo Martinez has issued a permanent injunction requiring the Washington State Department of Transportation (“WSDOT”), the Washington State Department of Natural Resources, and the Washington...more

BC and Canada sign MOU on substitution of environmental assessments

by Osler, Hoskin & Harcourt LLP on 3/26/2013

A new agreement between British Columbia and Canada may streamline the environmental assessment (EA) for projects that require both provincial and federal review. The British Columbia Environmental Assessment Office (EAO)...more

Alberta First Nations Challenge Constitutionality of Federal Regulatory Reforms

by Sander Duncanson, Martin Ignasiak, Jessica Kennedy | Osler, Hoskin & Harcourt LLP on 1/10/2013

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

Renewable Energy Update -- December 10, 2012

by William R. Devine, Emily L. Murray, Patrick A. Perry | Allen Matkins Leck Gamble Mallory & Natsis... on 12/14/2012

In This Issue: Renewable Energy Focus - California lawmakers make plans to spend $2.5 billion in new energy funds; DOE unveils new procurement policy for renewable energy development on tribal lands; California's sprint...more

Brazil’s Belo Monte Move: Will National Development Banks Start Taking Human Rights and Environmental Concerns More Seriously?

by Nicholas M. Renzler | Foley Hoag LLP - Corporate Social... on 12/13/2012

In late November, the Brazilian national development bank (“BNDES”, by its Portuguese initials) announced its approval of a $10.8 billion loan to finance the construction of the Belo Monte dam, the world’s third largest...more

Energy Law Bulletin: Alberta’s New Energy Regulator: What Does it Mean for Project Development?

by Lawson Lundell LLP on 11/16/2012

On October 24, 2012, the Government of Alberta introduced Bill 2: the Responsible Energy Development Act (“REDA”). If enacted, REDA will establish a single energy regulator and create a new regulatory framework for energy...more

Focus on Mining: The New Fisheries Act: What Miners Need To Know

by Dentons on 11/8/2012

The repeal and enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal legislation is the most significant change in federal environmental assessment (EA) since the legislation was...more

The Amorphous "Unusual Circumstances" Exception to CEQA's Categorical Exemption Strikes Again

by Sheppard Mullin Richter & Hampton LLP on 10/29/2012

Voices for Rural Living v. El Dorado Irrigation District, Super. Ct. No. PC20080398, (Oct. 4, 2012) The recent Voices for Rural Living v. El Dorado Irrigation District case from the California Court of Appeal’s Third...more

White House Announces Expedited Schedule for Renewable Energy Projects

by Burr & Forman on 10/26/2012

On August 7, the White House announced an expedited approval schedule for seven solar and wind projects on federal and tribal lands in Arizona, California, Nevada and Wyoming totaling 5,000 megawatts (MW) of energy-producing...more

“CEQA’s Unusual Circumstances Exception To Small Structures Categorical Exemption Is Applied By Third District To Water Supply MOU...

by Miller Starr Regalia on 10/19/2012

As the regulated community eagerly awaits completion of briefing at the Supreme Court in the Berkeley Hillside Preservation case, the Courts of Appeal continue to decide CEQA categorical exemption cases – as is their...more

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Indigenous Peoples › Environmental Law