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|Regulatory Documents Can Be Contracts: The Wetlands Mitigation Bank Example|
Jerry Stouck; Greenberg Traurig, LLP;
January 23, 2015, previously published on November 26, 2014 For the second time in a year, a wetlands mitigation bank “instrument” executed between a landowner and a federal agency has been held by a court to be a binding contract that could be enforced against the agency when it tried to alter the terms of the instrument to the detriment of the...
|State Water Resources Control Board Issues Notice Of Plan To Temporarily Lift Curtailments During Future Rainfall Events|
Glen C. Hansen; Abbott & Kindermann, LLP;
January 22, 2015, previously published on October 28, 2014On May 27, 2014, the State Water Resources Control Board (“Board”) issued curtailment notices to all post-1914 appropriative water right holders in the Sacramento-San Joaquin, Russian, and Eel River watersheds. On October 3, 2014, the Executive Director of the Board issued a letter to...
|B.C. Surface Rights Board Reduces Rent Payable After Landowners Fail to Prove Loss|
Laura M. Gill, Shawn M. Munro, Daron K. Naffin, Michael P. Theroux; Bennett Jones LLP;
January 20, 2015, previously published on September 24, 2014In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. In doing so, the Board adopted the principles for landowner compensation...
|Are You Done Yet? Compensation for Impacts of Public Works in Alberta|
Gregory A. Liakopoulos, Daron K. Naffin, Cassia J. Prentice; Bennett Jones LLP;
January 20, 2015, previously published on August 26, 2014During the recent resurfacing of Bow Trail there was a message posted on a pylon sign by an adjacent business owner that read “Bow Trail is not Rome. Please Complete” (see “Road Construction Delays Cause Headaches for Drivers, Businesses” on Global News). The business owners...
|BC Supreme Court Stresses “Polluter Pays” in Awarding Damages for Remediation of Contaminated Site|
David W. Bursey, Laura M. Gill, Michael P. Theroux; Bennett Jones LLP;
January 20, 2015, previously published on October 3, 2014The BC Supreme Court recently clarified several principles under the Environmental Management Act relating to liability for remediation costs for contaminated sites. In JI Properties Inc v PPG Architectural Coatings Canada Inc, 2014 BCSC 1619, the Court ordered a former landowner, who was also the...
|B.C. Supreme Court Upholds Recurring Short-Term Water Use Approvals|
Wally Braul, Laura M. Gill, Michael P. Theroux; Bennett Jones LLP;
January 20, 2015, previously published on October 15, 2014The B.C. Supreme Court has recently clarified the interpretation of section 8 of the B.C. Water Act. Section 8 relates to the power of the B.C. Oil and Gas Commission (OGC) to grant approvals to oil and gas companies for the short-term use of surface water bodies such as lakes, rivers, streams, and...
|Supreme Court Decision on Aboriginal Title Raises Questions for Resource Development|
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
January 19, 2015, previously published on June 26, 2014On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant issues affecting Aboriginal title and provincial jurisdiction over...
|B.C. Supreme Court Sets Aside B.C. Surface Rights Board Rent Review|
Laura M. Gill, Daron K. Naffin, Michael P. Theroux; Bennett Jones LLP;
January 19, 2015, previously published on June 11, 2014In 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 Energy Canada, Ltd. v. Salustro, 2014 BCSC 960. The case sets out some...
|Proposed Critical Habitat Rules Meet with Mixed Reviews|
Holland Hart LLP;
January 16, 2015, previously published on December 2, 2014In May, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (the “Services”) proposed new rules governing the designation of critical habitat, a new policy on critical habitat exclusions, and a new regulatory definition of “destruction or adverse...
|EPA Proposes More Stringent Ozone NAAQS of 65-70 ppb|
Marie Durrant, Emily Schilling; Holland Hart LLP;
January 16, 2015, previously published on November 26, 2014Today EPA released a proposed primary National Ambient Air Quality Standard (NAAQS) for Ozone of 65-70 parts per billion (ppb) (annual fourth highest daily maximum eight-hour concentration, averaged over three (3) years). The proposed NAAQS is more stringent than the previous ozone NAAQS of 75 ppb....