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Court Rules That Unquantifiable Climate Impacts Are Not Sufficient to Overturn Project Approval

In a recent decision, the Federal Court has rejected an attempt by non-governmental organizations (NGOs) to set aside ministerial approval of a significant offshore oil and gas project. The NGOs argued that the Minister...more

Accounting for Oil and Gas Revenues Without an Operating Agreement

In IFP Technologies (Canada) Inc v EnCana Midstream and Marketing, 2022 ABKB 807, the Court considered for the first time how to perform an accounting of profits from an oil and gas working interest between tenants in common...more

Win for American Energy Companies Facing Climate Change Litigation

In a 7-1 ruling in BP PLC et al v Mayor and City Council of Baltimore (19-1189), the Supreme Court of the United States ruled that the Fourth Circuit Court of Appeals did not fully analyze whether a climate change tort...more

Are Climate Change Claims Based on Charter Rights Justiciable? Canadian Courts Render Conflicting Decisions

U.S. courts have often relied on the political question doctrine to dismiss climate change actions. The Canadian equivalent of the political question doctrine, justiciability, has recently been considered by Canadian Court in...more

Washington Court Affirms Assertion of Specific Jurisdiction over Canadian Mining Company

On September 14th, 2018, the United States (U.S.) Court of Appeals for the Ninth Circuit in the Eastern District of Washington (the "Court"), upheld the District Court decision to hold Canadian mining company, Teck Cominco...more

Oil Producers Win Another Round in U.S. Climate Change Litigation

On July 19, 2018, the United States District Court for the Southern District of New York followed an emerging trend in federal jurisprudence by dismissing a claim against several oil and gas producers in City of New York v....more

Nexen’s Fracking Water License has Run Dry - First Nation Prevails in BC Environmental Appeal Board Decision

First Nation Prevails in BC Environmental Appeal Board Decision By Mike Theroux, Brad Gilmour and Laura Gill In a decision released on September 3, 2015, the British Columbia Environmental Appeal Board granted the appeal of...more

B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review

In reasons released on May 30, 2014, the B.C. Supreme Court set aside the B.C. Surface Rights Board’s compensation award to a landowner in northern B.C. and remitted the case back to the Board for reconsideration: Progress...more

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