• Posts by Laura E. Duke
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    Laura Duke is a partner in our Vancouver office and has experience in environmental law, Indigenous law, civil litigation, administrative and constitutional law. She represents clients with environmental assessments ...

Posted in Environmental

On May 10, 2022, the Alberta Court of Appeal handed down its decision on the constitutionality of the federal Impact Assessment Act (the “IAA”). The decision, rendered pursuant to a reference to the Court by the Alberta government, held that the IAA and its associated Physical Activities Regulations (the “Regulations”) are unconstitutional as they go beyond the ...

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Posted in Environmental

Parties engaged in the non-domestic use of groundwater in British Columbia should be advised that March 1, 2022 is the deadline to apply for a water licence. If an existing user has not applied for a licence by this deadline, their groundwater use will be deemed unauthorized. Unauthorized users must either cease all groundwater use immediately or risk provincial fines for ...

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On July 16, 2020, the federal government released the Strategic Assessment of Climate Change, July 2020 (“SACC”). The SACC includes rules and obligations that apply to designated projects under the federal Impact Assessment Act (“IAA”). In particular, the SACC outlines requirements for project proponents in relation to greenhouse gas (“GHG”) emissions ...

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On February 8, 2018, Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, was introduced for first reading. Part 1 of Bill C-69 will repeal the Canadian Environmental Assessment Act, 2012 ("CEAA, 2012") and enact the Impact Assessment Act (the ...

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Over the past week, the Project Law Blog has been discussing the recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the “Report”). We have provided an overview of the recommendations

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Introduction

In Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500, the B.C. Court of Appeal recently considered three issues involving the Reviewable Projects Regulation under B.C.’s Environmental Assessment Act:

  1. whether a letter from the Environmental Assessment Office (“EAO”) confirming a proponent’s ...
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On October 18, 2013  the BC government released a long-awaited “proposal” to replace the 100+ year-old Water Act.   Four years in the making, the lengthy description of what the new Water Sustainability Act would be and how it would work is available here.  No draft legislation has been provided, and the Province continues to seek public input until November 15, 2013.  ...

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About Us

Lawson Lundell's Environmental, Indigenous and Natural Resources Blog focuses on environmental, indigenous and natural resources law, as well as related litigation. Included are summaries of significant cases from Canadian appellate courts, changes in the legal framework governing resource development including energy and climate change policy, and key decisions from the more influential regulatory bodies in Canada.

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