Law Commons^™

Nova Scotia's Cap & Trade System: A Modest Proposal, Meinhard Doelle

Articles, Book Chapters, & Popular Press

The government of Nova Scotia has just released a discussion paper on its proposed Cap and Trade (C&T) System for provincial GHG emission reductions. The C&T system is a key component of Nova Scotia’s contribution to Canada’s overall effort to implement the Paris Climate Agreement in line with the Pan Canadian Framework on Climate Change. This article summarizes the key elements of the proposed system, identified shortcomings and proposes a way forward for Nova Scotia.

Putting The Train Of Environmental Protection On Track: Nova Scotia's Experiment In Using Legislation To Strengthen Environmental Law, Meinhard Doelle, William Lahey

Articles, Book Chapters, & Popular Press

This paper explores the role that legislation can play in addressing the governance obstacles to the enactment and implementation of effective environmental laws. It uses the experience of Nova Scotia under the Environmental Goals and Sustainable Prosperity Act, 2007, to suggest that legislation that codifies an integrated program of goals for improved environmental governance can help to ensure that governments follow through on their environmental policy commitments, including those promising integration of environmental policy priorities into other areas of governmental activity.

The Role Of Strategic Environmental Assessments In Improving The Governance Of Emerging New Industries: A Case Study Of Wind Developments In Nova Scotia, Meinhard Doelle, Rebecca Critchley

Articles, Book Chapters, & Popular Press

This article explores the potential for strategic environmental assessments to enhance project decisions. It does so by taking a retrospective look at Wind energy project decisions in Nova Scotia in the past 15 years, decisions that have been made in the absence of a strategic environmental assessment. The study considers both individual project approvals and two contrasting municipal responses to the emergence of the industry.

The aim of the retrospective is to identify the key challenges this industry faced in establishing itself in Nova Scotia. The article then considers to what extent the challenges could have been avoided through the …

The Role Of Strategic Environmental Assessments (Seas) In Energy Governance: A Case Study Of Tidal Energy In Nova Scotia's Bay Of Fundy, Meinhard Doelle

Articles, Book Chapters, & Popular Press

The article considers the role of strategic environmental assessments in improving decision making by government decision makers faced with the arrival of a new industry to its jurisdiction. It uses using the arrival of the in stream tidal energy industry in Nova Scotia as a case study. The article first considers the existing federal and provincial regulatory context for decisions about whether, where and under what conditions to approve tidal energy projects in the Bay of Fundy region. It then provides an overview of a strategic environmental assessment carried out on behalf of the province of Nova Scotia in 2007/2008, …

Marine Protected Areas: Legal Framework For The Gully Off The Coast Of Nova Scotia (Canada), Paul Mcnab, David Vanderzwaag

Articles, Book Chapters, & Popular Press

The Gully, a submarine canyon hosting a rich diversity of marine life off Nova Scotia, was designated in 2004 under Canada’s Oceans Act 1996 as a marine protected area (MPA). This case study reviews the Gully MPA legal and management framework through a five-part discussion. First described is the overall Canadian law and policy context for establishing MPAs. Next, specific legislative and regulatory provisions governing the Gully MPA are summarized including the three types of management zones adopted, ranging from strict preservation to multi-use. Management approaches to control human activities in and around the MPA are then described, with a …

The Regulation Of Tidal Energy Development Off Nova Scotia: Navigating Foggy Waters, Meinhard Doelle, Dawn A. Russell, Phillip Saunders, David Vanderzwaag, David V. Wright

Articles, Book Chapters, & Popular Press

The vast potential for tidal power development in the Bay of Fundy region of the Atlantic coast has been recognized for decades. At the same time, finding an effective way to harness this power in a cost effective, sustainable and environmentally responsible manner has been an ongoing challenge. In the 1980s, barrage based tidal power technology was piloted in Annapolis Royal, Nova Scotia. It was found to be unsuitable from both environmental and cost perspectives.

More recently, pilot projects underway around the world are using new, open turbine technology that is expected to significantly reduce cost and environmental impact. This …