Oil, Gas, and Mineral Law Commons^™

Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman

Dalhousie Law Journal

The authors explore the recent developments in Aboriginal law and their implications for the petroleum industry in Atlantic Canada. To set the stage, they provide a brief historical overview of Aboriginal settlement and land-use in the region, followed by a brief review of the petroleum industry's development in Atlantic Canada. After examining the state of the jurisprudence relating to Aboriginal rights generally,the authors turn to the current state of aboriginalrights, rights claims, and consultation obligations in the Atlantic Canadian context. The impact of the current state of the law on the petroleum industry is then analyzed and future trends outlined.

Regulatory Issues Concerning Encana's Deep Panuke Project, Robert G. Grant

Dalhousie Law Journal

EnCana is proposing to develop the second gas producing project in the Scotian Shelf, the Deep Panuke Project. The author examines modifications to the Project from that initially proposed in 2002, the use of the previously approved Comprehensive Study Report, and the procedure for public review and approval. The author will also discuss major issues identified during the public hearing, held before a member of the NEB and the Commissioner appointed by the C-NSOPB, including EnCana's alternative options for carrying out the project, consultation with the Aboriginal communities, Canada-Nova Scotia benefits matters, consultation and engagement with the fishing industry, and …

Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel

Dalhousie Law Journal

The author examines various approaches adopted by government to balance the state's interest in promoting the timely and efficient exploration and development of oil and gas resources under state jurisdiction and industry's need for legal regimes providingsecurityoftenure and other conditions necessary for commercial success. In particular, the paper considers fallow field initiatives adopted by the United Kingdom in respect of the North Sea and their possible application to government's management of oil and gas resources in the Canadian east coast offshore areas, addressing applicable policy considerations, the legislative history of the statutory frameworks in place, and relatedjurisprudence.

Anatomy Of A Liquefied Natural Gas Receiving Terminal In Atlantic Canada-An Overview Of The Legal And Regulatory Hurdles, A David Seely, Alexander Macdonald

Dalhousie Law Journal

A new industry is developing in Canada due to recent studies indicating that demand for liquefied natural gas (LNG) supply in Canada and the U.S. is on the rise. As a result, the construction stage has begun for a number of proposed LNG receiving terminals in and around Atlantic Canada. The authors provide an overview of the current issues facing these LNG projects, such as their impact on fisheries, the environment, and Aboriginal rights. They discuss the regulatory framework governing these areas, the due diligence required to identify and address areas of concern, some commercial issues and safety and security …

Creative Sentencing, Restorative Justice And Environmental Law: Responding To The Terra Nova Fpso Oil Spill, Cecily Y. Strickland, Scott Miller

Dalhousie Law Journal

On 20 November 2004 the Terra Nova FPSO inadvertently discharged 165n3 of oily water into the surrounding waters of the Newfoundland and Labrador offshore area. Petro-Canada was charged with having caused a spill and thereby committing an offence pursuant to the Canada-Newfoundland Atlantic Accord Implementation Act. This was the first charge of its type arising from offshore oil and gas operations on the east coast of Canada. The authors provide a factual overview of the incident and identify some resultant legal issues, including the application of creative sentencing and the use of probation orders.

Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Mike Chiropolos, Lands Program Director, Western Resource Advocates

44 slides

The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

11 pages.

Includes bibliographical references

"Outline of presentation of John D. Leshy, Harry D. Sunderland Distinguished Professor, U.C. Hastings College of the Law, Natural Resources Law center, June 7, 2007" (pp. 3-5)

"Leshy draft 4.27.07 For Natural Resources Law Center" (pp. 6-13)

Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation and …

Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini

Publications

No abstract provided.

The Rule Of Capture--An Oil And Gas Perspective, Bruce M. Kramer, Owen L. Anderson

Faculty Articles

No abstract provided.

Effective And Efficient Regulation In Nova Scotia, J Marshall Burgess

Dalhousie Law Journal

Effective and efficient regulation of the oil and gas industry on the East Coast of Canada is a top priority of the federal and provincial governments. Ever since oil and gas exploration and development began in this region, stakeholders and others have urged regulators to address and remedy this issue. This paper reviews how governments have responded first in the onshore context, and then in the offshore. Issues that regulators need to address are identified and legislative, regulatory, and administrative changes which have been made and are proposed are reviewed. Finally, the author reflects on possible future developments and the …

Provincial Entitlement To Gas Trunk Line Ownership - Enforceability And Constitutionality, Dufferin Harper

Dalhousie Law Journal

The author discusses the interpretation of section 40 of the Nova Scotia Accord Act (Canada) and the Nova Scotia Accord Act (Nova Scotia). The section provides that the Government of Nova Scotia be given "a reasonable opportunity" to acquire on a "commercial basis" up to a fifty percent ownership in the Nova Scotia trunkine in certain circumstances. He points out that even though the dispute between the Federal and Provincial governments regarding the ownership of the offshore appears to be on hold, the issue is relevant to the application of section 40.

Offshore Seismic And Fisheries And Environmental Issues - How Can They Be Reconciled?: A Case Study On The Public Review On The Effects Of Potential Oil And Gas Exploration Offshore Cape Breton, David Macdougall

Dalhousie Law Journal

The author describes the review process preceding the 2003 CNSOPB decision which permitted seismic activities offshore of Cape Breton. The process included a public review conducted by Commissioner Dr. Teresa MacNeil and the subsequent establishment of an Ad Hoc Working Group (part of the CNSOPB's existing Fisheries and Environment Advisory Committee (FEAC)) and a Science Working Group reporting to the Ad Hoc Working Group. In the author's view, the Ad Hoc Working Group arrived at the anticipated result; that is, continued disagreement among the opposing parties on the fundamental issues. Consequently CNSOPB was left with the decision on how to …

Statutory Liens In The Atlantic Canada Offshore Area, Robert Carmichael

Dalhousie Law Journal

This article will examine statutory and common law liens in relation to assets used in oil and gas exploration and production in areas offshore Nova Scotia and Newfoundland and Labrador It considers the applicable constitutional regime, the maritime law and the interrelationship between maritime law, federal law, and provincial law.

Union Certification On Offshore Production Installations, Gregory Anthony

Dalhousie Law Journal

The author describes the jurisdictional and legislative regimes governing labour relations in the Newfoundland and Labrador offshore. After providing an overview of the provincial certification process, he recounts the process of certification of the Hibernia platform and reviews some of the legal issues raised therefrom.

Offshore Employment And Occupational Health And Safety Issues, John Macpherson

Dalhousie Law Journal

In Canada responsibility for regulating labour relations, employment and occupational health and safety matters is shared between the federal and provincial governments. In this paper the author describes the complexities of the legislative regime governing the Nova Scotia offshore. Specifically, he looks at section 157 of the Nova Scotia Accord Act (Canada), certification of workers offshore, and occupational health and safety legislation.

Occupational Health And Safety: The New Regime For The East Coast Offshore, Susan E. Gover

Dalhousie Law Journal

The Governments of Canada, Nova Scotia, and Newfoundland and Labrador are moving to enshrine existing offshore occupational health and safety (OHS) practices into the Atlantic Accord legislation governing the regulation of petroleum-related activity off the eastern coast of Canada. The proposed OHS amendments discussed in this paper are intended to provide a comprehensive legal framework to achieve the same kind of protection for offshore workers that onshore workers currently enjoy. Application of occupational health and safety laws in the offshore will be clarified so that these amendments, and not other federal or provincial OHS laws, will apply to any workplace …

Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin

Dalhousie Law Journal

This article examines the existing and proposed occupational health and safety regulatory regimes for oil and gas operations offshore Nova Scotia and Newfoundland and Labrador The article provides historical context for both the existing and the proposed regimes. Two specific areas of concern are analysed: the right to refuse work and directors' and officers' liability. For each issue, the author offers observations on the potential impacts that the implementation of proposed legislation will have on offshore oil and gas operations in these jurisdictions

Cbm Development, Ranching, And Agriculture, Nancy Sorenson, Jill Morrison

Coalbed Methane Development in the Intermountain West (April 4-5)

5 pages.

Foreword, Michael F. Harrington

Dalhousie Law Journal

As the Chair of the Organizing Committee for the inaugural East Coast Seminar of the Canadian Petroleum Law Foundation, I am pleased to mark the publication of the papers presented at that Seminar in this special publication of the Dalhousie Law Journal.

Cooperative Environmental Assessments: Their Increasing Role In Oil And Gas Projects, Judith Hanebury

Dalhousie Law Journal

As the subject matter of "environment" is not specifically assigned in the Constitution to only the federal government or the provinces, there has been an increasing trend toward cooperative environmental assessment processes to avoid jurisdictional friction points. This article describes the relevantjurisdictional friction points that have encouraged this trend and describes some issues and considerations that have arisen in relation to recent cooperative environmental assessments carried out for oil and gas projects.

Financial Responsibility Requirements For Oil And Gas Activities Offshore Nova Scotia And Newfoundland, Boris Bde Jonge

Dalhousie Law Journal

This article outlines the regime of statutory liability and financial responsibility requirements for the Nova Scotia and Newfoundland offshore areas with a particular emphasis on the content and validityof the Nova Scotia and Newfoundland Boards' jointly issued Guidelines for Financial Responsibility.

Are Royalty Agreements Required For Canada East Coast Offshore Oil And Gas?, Alan T. Pettie

Dalhousie Law Journal

This article examines the royalty regime in the area offshore the two oil and gas producing provinces on the east coast of Canada. A review of the historical background of the legislative framework is provided. The right to levy royalties on the production of oil and gas is reviewed. The legislative provisions relating to the execution of royalty agreements and the introduction of generic royalty regulations are examined. The article describes specific fiscal and commercial terms which are not included in the current Nova Scotia generic royalty regime and might not be included in the generic regime which might be …

East Coast Project Financing Issues, Raymond E. Quesnel, R J. Thrasher

Dalhousie Law Journal

In this article, the authors provide a comprehensive review of project financing as a means to fundoilandgasprojects in the Atlantic Canada offshore. Inparticular, the nature and characteristics of project financing are examined, together with a review of some recent East Coast project financings and an analysis of the legal and contractual framework that comes into play. This is followed byan extensive discussion on the structuring of a project financing including a consideration of the risks involved and how those risks may be allocated.

Securing Assets Of Oil And Gas Projects Offshore Nova Scotia, Robert W. Carmichael

Dalhousie Law Journal

Offshore oil and gas projects sometimes require financing, and project financing usually requires the taking of security in project assets. In this article, the author examines the legislative framework comprised of the traditional provincial and federal security legislation and the specialized Nova Scotia Accord Acts to determine that there is presently no effective regime in place for taking security in many types of assets of offshore oil and gas projects.

A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza

Dalhousie Law Journal

Forum selection, choice of law and arbitration clauses are of great significance in offshore contracts, where disputes may arise in locations far removed from the fora identified in those contracts. In this article, the author provides an examination of the enforceability of these clauses in the United States, together with an explanation of the operation of the doctrine of forum non conveniens in that country.

Drainage Issues In The Atlantic Canada Offshore Petroleum Industry, Richard A. Neufeld, Robert G. Grant

Dalhousie Law Journal

In this article, the authors examine the issue of drainage in the Atlantic Canada offshore. The offshore statutory regimes for production of oil and gas, together with the common law, are analyzed for their approaches to dealing with drainage issues. In addition, the law of drainage in Alberta is comprehensively reviewed to provide some guidance as to how the law of drainage may develop in Atlantic Canada.

Oceans Act: Uncharted Seas For Offshore Development In Atlantic Canada?, Aldo Chircop, Bruce A. Marchand

Dalhousie Law Journal

Canada's Oceans Act, now five years old, is a ground-breaking piece of legislation in marine law which provides a framework for the development of a national oceans strategy, integrated planning and management, and institutional responsibilities. In this article, the authors review the Act and its issues and argue that the uncertainties found there provide opportunities for participants in the Atlantic Canada offshore oil and gas industry to influence the development of an oceans policy, legal and institutional framework that accommodates all interests.

Offshore Oil And Gas Facility Decommissioning In Nova Scotia And Newfoundland, Phillip Abraham

Dalhousie Law Journal

While planning for the ultimate decommissioning of Atlantic Canada offshore oil and gas facilities is a necessary requirement of project approval, this issue has not yet graduated to the level of attention it receives in other parts of the world with more mature offshore petroleum industries. In this article, the author reviews some decommissioning methods and examines the international and domestic law applicable to the decommissioning of oil and gas facilities on the continental shelf offshore Atlantic Canada.

Heci V. Neel: Application Of The Discovery Rule To Damages Arising Out Of Oil And Gas Leases., L. Melanie Martin

St. Mary's Law Journal

Texas landowners face a heavy burden in bringing claims for damages arising out of inherently undiscoverable damages to mineral estates because the statute of limitations starts at the time of injury rather than the time of discovery. Previously, courts adopted the discovery rule as an exception to the statute of limitations, effectively stalling the starting point of the statute of limitations. A two-pronged threshold inquiry is held before the application of the discovery rule. First, the court must determine if the injury is inherently undiscoverable or not detected despite the use of due diligence. Secondly, there must be objectively verifiable …