Environment in the Courtroom, Volume II
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Edited by:
Alastair Lucas
and Allan E. Ingelson
About this book
Courts, regulatory tribunals, and international bodies are often seen as a last line of defense for environmental protection. Governmental bodies at the national and provincial level enact and enforce environmental law, and their decisions and actions are the focus of public attention and debate. Court and tribunal decisions may have significant effects on environmental outcomes, corporate practices, and raise questions of how they may best be effectively and efficiently enforced on an ongoing basis.
Environment in the Courtroom, Volume II examines major contemporary environmental issues from an environmental law and policy perspective. Expanding and building upon the concepts explored in Environment in the Courtroom, it focuses on issues that have, or potentially could be, the subject of judicial and regulatory tribunal processes and decisions. This comprehensive work brings together leading environmental law and policy specialists to address the protection of the marine environment, issues in Canadian wildlife protection, and the enforcement of greenhouse gas emissions regulation.
Drawing on a wide range of viewpoints, Environment in the Courtroom, Volume II asks specific questions about and provides detailed examination of Canada’s international climate obligations, carbon pricing, trading and emissions regulations in oil production, agriculture, and international shipping, the protection of marine mammals and the marine environment, Indigenous rights to protect and manage wildlife, and much more. This is an essential book for students, scholars, and practitioners of environmental law.
Author / Editor information
Alastair Lucas, Q.C. is a Professor Emeritus and Senior Research Fellow at the Canadian Institute of Resource Law, University of Calgary. He has served as an Acting Member of Alberta’s Energy Resources Conservation Board, as a Policy Advisor at Environment Canada, and as consul to the Nunavut Water Board and Alberta Environmental Appeals Board.Ingelson Allan E. :
Allan E. Ingelson is a Professor in the Faculty of Law, University of Calgary, and Executive Director of the Canadian Institute of Resources Law. His research focuses on Canadian and international energy, mining and environmental issues.
Alastair R. Lucas,K.C. is a Professor Emeritus and Senior Research Fellow at the Canadian Institute of Resource Law, University of Calgary. He has served as an Acting Member of Alberta’s Energy Resources Conservation Board, as a Policy Advisor at Environment Canada, and as counsel to the Nunavut Water Board and Alberta Environmental Appeals Board.
Allan Ingelson is a Professor in the Faculty of Law, University of Calgary, and Executive Director of the Canadian Institute of Resources Law. His research focuses on Canadian and international energy, mining and environmental issues.
With Contributions By: Nigel Bankes, Jamie Benidickson, Scott A. Carrière, Peter J. Cullen, Shanti Dogra, John Donihee, Robert Hamilton, Allan Ingelson, Sara Jaremko, Alexander Kirby, Arlene Kwasniak, Peter L’Esperance, Suzanne Lalonde, Sophie Lavallée, Catherine A. LeBlanc, Georgia Lloyd-Smith, Alastair R. Lucas, A. William Moreira, Magdalena Muir, Doug Neasloss, Linda Nowlan, Peter Pamel, David W. Poulton, Fenner L. Stewart, Christopher J. Stewart, Hélène Trudeau, Dyna Tuytel, Gilbert Van Nes, Margot Venton, Douglas Wallace, Daniel Watt, Robert C. Wilkins, and David V. Wright
Topics
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Front Matter
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Table of Contents
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Preface
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Introduction
1 - Protection of the Marine Environment
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Ship Source Pollution Regimes (Canada)—A Primer
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Environmental Protection and Offshore Petroleum Activities: A Regulator’s Perspective
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Protection of the Marine Environment: The International Legal Context
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The Fisheries Act as an Environmental Protection Statute
59 -
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Offshore Arctic Electricity Generation and Transmission Structures
73 -
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Braiding Together Indigenous and Canadian Legal Traditions for Fisheries Management: Recent Pacific Coast Experience
99 -
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LNG–Fuelled Vessels— Environmentally Friendly Ships for the Arctic
137 -
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Going with the Flow: Tidal Regulation in Atlantic Canada
149 -
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Pressures on the Ocean: Scientific Perspective
159 -
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Anticipating and Avoiding Environmental Protection Disputes during Decommissioning of Oil and Gas Projects Offshore Canada
169 - Enforcement Issues in Canadian Wildlife Protection
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Enforcement of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
185 -
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Reconciliation—Territorial Wildlife Regimes and the Future of the Northern Wildlife Resource
201 -
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Buffalo in Banff National Park: Framework for Reconciliation in Wildlife Management
217 -
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An Overview of Wildlife Legislation in Alberta
229 -
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Wildlife and Habitat Protection/ Management Other Than by Wildlife Laws: Roles for Courts
243 -
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A Role for the Courts in Market-Based Conservation
257 -
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Management and Enforcement Challenges for Highly Migratory Species: The Case of Atlantic Bluefin Tuna
271 -
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Challenges in Receiving Species at Risk Act Protections: A Killer (Whale) Case Study
283 -
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Administrative Penalties in Alberta: Overview and Latest Trends
301 - Enforcement of Canadian Greenhouse Gas Emissions Laws
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Canada’s International Climate Obligations and Provincial Diversity in Greenhouse Gas Emissions: A Fertile Ground for Multifaceted Litigation
317 -
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National Carbon Pricing in Canada
341 -
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Municipalities and Greenhouse Gas Regulation and Management
355 -
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The Cap-and-Trade System for Greenhouse Gas Emission Allowances: The Quebec Experience
367 -
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Enforcement and Withdrawal under the California–Quebec (and Not Ontario) Cap-and-Trade Linkage Agreement
375 -
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Enforcing Canada’s Federal Methane Regulations for the Upstream Oil and Gas Industry
393 -
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Regulation and Enforcement of Oil Sands Emissions
411 -
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Reducing Greenhouse Gas Emissions from Canadian Agriculture
423 -
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Regulating Greenhouse Gas Emissions from International Shipping
437 -
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List of Contributors
467 -
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Index
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