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Climate Change Law Practice Group Blog - 2008
Recognized as LexisNexis' Top 50 Blogs of 2011 in the Environmental Law and Climate Change Community, stay informed with Davis LLP's Climate Change Law blog featuring legal, business and financial news about Canadian renewable energy and sustainable developments.
| BC Hydro has asked the BC Utilities Commission ("BCUC") for an amended order slashing the target for the Clean Power Call from 5,000 gigawatt hours (GWh) per year to 3,000 GWh per year. [read more]Monday, 5 January 2009 | Andrew Lord |
| The federal offset program does not appear to be materializing as quickly as once anticipated. Protocol developers and policy analysts alike are still waiting for a key announcement, expected last [read more]Monday, 5 January 2009 |
| Environmental, energy and economic policy will remain tightly intertwined at the federal level. This was Minister of the Environment Jim Prentice's message to business leaders at at the Lake Louise [read more]Monday, 1 December 2008 | Andrew Lord |
| "Instead of denial we will have resolve, instead of procrastination, we will have action. Instead of listening to the voice of the stagnant status quo, our committee hears the voice of our president-ele [read more]Monday, 1 December 2008 | Andrew Lord |
| The Canadian Performance Reporting Board ("CPRB") recently released "Building a Better MD&A: Climate Change Disclosures" (the "Guide"), a guidance document intended [read more]Monday, 1 December 2008 | Andrew Lord |
| CBC reported yesterday that newly appointed Minister of International Affairs Lawrence Cannon said that the Canadian government will seek a North American climate change agreement with the new administration [read more]Thursday, 6 November 2008 | Andrew Lord |
| On October 14, 2008, Canada held a federal election that saw the Conservative Party form another minority government. While the Conservatives gained some seats and the parties traded seats in some [read more]Thursday, 16 October 2008 | Andrew Lord |
| Alberta's response to climate change needs to be substantially improved. That is the overall message from the province's Auditor General in a report released on October 2.
The report acknowledges [read more]Thursday, 16 October 2008 | Andrew Lord |
| On September 15, 2008, the Ontario Energy Board ("OEB") conditionally approved Hydro One's application to build a $635 million high-voltage transmission line from Kincardine to Milton [read more]Tuesday, 7 October 2008 | Andrew Lord |
| On September 25, Phil McNeely, MPP (Ottawa-Orléans), introduced Bill 101, Home Energy Rating Act, 2008 for first reading in the Legislative Assembly of Ontario. The bill would make home energy [read more]Monday, 29 September 2008 | Andrew Lord |
| According to a press release issued September 18, 2008, George Smitherman, Ontario Minister of Energy and Infrastructure, directed Ontario Power Authority ("OPA") to review a modest portion [read more]Monday, 22 September 2008 | Andrew Lord |
| Carbon offsets are no longer just a voluntary niche product in Canada. Rather carbon offsets are increasingly becoming a sought-after compliance tool for greenhouse gas emitters who are or will be [read more]Wednesday, 10 September 2008 | Andrew Lord |
| The US is often criticized for being an overly litigious society. However, that zeal can result in some creative uses for litigation. A prime example is a growing trend, led by the New York's [read more]Thursday, 4 September 2008 | Andrew Lord |
| submitted by Grant Boyle
On August 9 the federal government published a draft Guide for Protocol Developers for Canada’s Offset System for Greenhouse Gases. The draft Guide will undergo [read more]Tuesday, 12 August 2008 |
| Submitted by Grant Boyle
WCI’s July 2008 draft design recommendations suggest capped emitters will be able to use offset credits to meet 10% of compliance obligations.
Project types [read more]Friday, 25 July 2008 |
| The Western Climate Initiative (“WCI”) released its Draft Design of the Regional Cap-and-Trade Program (the “Draft Design”) on July 23, 2008. The WCI is a partnership of 11 [read more]Thursday, 24 July 2008 |
| On July 18, 2008 Ontario’s Premier Dalton McGuinty announced that Ontario is moving from ‘observer’ status to a member of the Western Climate Initiative (WCI), which includes BC, [read more]Friday, 18 July 2008 | Danielle Jarvis |
| At a working session in Toyako, Japan on July 8, 2008, the G-8 leaders met with the leaders from 8 fast-growing, pollution-emitting nations to talk on the topic of global warming. Even though the [read more]Wednesday, 9 July 2008 | Danielle Jarvis |
| Submitted by Grant Boyle
On June 26 B.C. released its Climate Action Plan, which outlines strategies that will help the province reach 73% of its goal of reducing GHGs 33% by 2020 from 2007 levels [read more]Monday, 30 June 2008 |
| On June 12, 2008 Sea Breeze Power Corp. announced that the US Department of Energy issued a Presidential Permit (DOE Permit) for the Juan de Fuca Cable. The Cable is a proposed 550 MW High Voltage [read more]Thursday, 26 June 2008 | Danielle Jarvis |
| On June 26, the California Air Resources Board ("CARB") released the discussion draft of its Climate Change Draft Scoping Plan (the "Draft Scoping Plan"), enacted pursuant to Assembly [read more]Thursday, 26 June 2008 | Andrew Lord |
| Canada appears to be on track to launch a Kyoto-compliant registry for tracking transactions of greenhosue gas emission reduction credits. Recall from a previous posting that the UNFCCC's Compliance [read more]Thursday, 26 June 2008 | Andrew Lord |
| Submitted by Grant Boyle
The federal Liberal Party tabled its Green Shift plan today. Under the plan, the Liberals would tax the carbon content of fossil fuels across the country at the wholesale [read more]Thursday, 19 June 2008 |
| Mark Twain is credited with saying, "Climate is what we expect, weather is what we get." The difference between what is expected and what actually occurs is the basis for the burgeoning [read more]Thursday, 12 June 2008 | Andrew Lord |
| Submitted by Danielle Jarvis
French president Nicolas Sarkozy and German chancellor Angela Merkel have put their support behind the EU Commission's proposal of limiting the average CO2 emissions [read more]Wednesday, 11 June 2008 |
| Posted by Danielle Jarvis
On June 9, 2008 Japanese Prime Minister Yasuo Fukuda announced that Japan is planning to commence an emissions trading scheme in the fall as part of its ‘Cool Earth [read more]Monday, 9 June 2008 |
| Ontario's Renewable Energy Standard Offer Program (RESOP) may be a victim of its own success. Under the RESOP, the Ontario Power Authority (OPA) expected to contract for 1,000 MW of renewable [read more]Monday, 9 June 2008 | Andrew Lord |
| Posted by Danielle Jarvis and Grant Boyle
The U.S. bill, put forward by Senators Joe Lieberman and John Warner (amended by Senator Barbara Boxer) to bring into force the now titled “Lieberman-Warne [read more]Friday, 6 June 2008 |
| Cap-and-trade is coming to central Canada. Premiers Dalton McGinty and Jean Charest announced this week that Ontario and Quebec would work together to implement a cap-and-trade system for the two [read more]Thursday, 5 June 2008 | Andrew Lord |
| Posted by Grant Boyle
The Western Climate Initiative (WCI) released Draft Design Recommendations on elements of its cap and trade program on May 16, 2008 The recommendations are likely to have [read more]Friday, 23 May 2008 |
| Posted by Andrew Lord
The voluntary market for carbon credits more than tripled in 2007 to USD $331 million, while the much larger regulated market more than doubled to USD $64 billion. Those [read more]Monday, 12 May 2008 |
| Posted by Danielle Jarvis
BC has introduced Bill 39 - 2008 Greenhouse Gas Reduction (Vehicle Emissions Standards) Act, which is designed to force automakers to reduce tailpipe emissions in an [read more]Wednesday, 30 April 2008 |
| Posted by Andrew Lord
Canada has failed to comply with its administrative obligations under the Kyoto Protocol. In a report release April 17, 2008, the UNFCCC Compliance Committee concluded that [read more]Thursday, 24 April 2008 |
| Posted by Danielle Jarvis
On April 17th, Bill 16 - Greenhouse Gas Reduction (Renewable And Low Carbon Fuel Requirements) Act passed the 3rd reading in the BC Legislature. The Bill, brought in [read more]Wednesday, 23 April 2008 |
| Posted by Andrew Lord
BC continues to deliver on the BC Energy Plan: A Vision for Clean Energy Leadership. On April 11, BC Hydro launched a Standard Offer Program (the "BC SOP"). The [read more]Wednesday, 16 April 2008 |
| Submitted by Andrew Lord
Having introduced a significant carbon tax earlier this year, the BC government unveiled a second plank in its aggressive effort to tackle climate change. On April 3, [read more]Friday, 4 April 2008 |
| Posted by Andrew Lord
Reporting issuers must improve their disclosure of known and contingent environmental liabilities in continuous disclosure documents. That is the message of the Ontario [read more]Wednesday, 2 April 2008 |
| Submitted by Andrew Lord
The federal government released the details of its plan to reduce industrial greenhouse gases last week. The plan has already drawn a lot of fire from various groups [read more]Tuesday, 18 March 2008 |
| Submitted by Andrew Lord
There have been several notable developments south of the border recently. Taken individually, the developments may appear small. However taken together, they are evidence [read more]Thursday, 28 February 2008 |
| Submitted by Jason Fisher
The BBC News website has reported that the G8 nations and five important developing nations have been unable to craft a consensus policy on biofuels following meetings [read more]Monday, 25 February 2008 |
| Submitted by Andrew Lord
Economic researchers at New Carbon Finance released a report this week estimating that the US will be home to a carbon market will be worth $1 trillion by 2020. The forecast [read more]Wednesday, 20 February 2008 |
| The 2008 BC Budget was released yesterday, and yes it was green. It was even released on green paper (or at least the pdf copy was).
The papers are all carrying a similar headline this morning [read more]Wednesday, 20 February 2008 | Adam Nott |
| Submitted by Danielle Jarvis
On January 24, 2008 Alberta’s Premier, Ed Stelmach, unveiled Alberta’s Climate Change Action Plan that proposes to cut projected emissions by 200 mega-tonnes [read more]Wednesday, 6 February 2008 |
| I am often asked whether an offset can actually 'make a difference' to climate change. The straight answer is yes, the complicated answer is, yes, if done right. The main thing to remember [read more]Tuesday, 5 February 2008 | Adam Nott |
| Acting on a proposal in January of 2007 to increase the share of renewable energies in the EU's final energy consumption from 8.5% to 20% by 2020, and to provide for a 10% minimum target for biofuels [read more]Tuesday, 5 February 2008 |
| It has been a little over a year since climate change suddenly leapt from being an important issue with occasional press, to one where you can always find at least one good story in your local paper, [read more]Friday, 25 January 2008 | Adam Nott |
| The UN General Assembly has adopted a new forest accord aimed at protecting forests in large part to support the communities that rely upon them for fuel, food, medicine and income. Although lauded [read more]Thursday, 17 January 2008 | Adam Nott |
| Submitted by Dan Jarvis and Adam Nott
A new fuel requirement in section 526 the Energy Independence and Security Act of 2007, signed by President Bush in December 2007 will prevent U.S. federal [read more]Tuesday, 15 January 2008 | Adam Nott |
| Submitted by Andrew Lord.
"Carbon tax in the cards to help cut emissions," announced the Globe and Mail on January 7, 2008. The headline was referring to the recommendations of the National [read more]Wednesday, 9 January 2008 |
| Submitted by Andrew Lord.
Deloitte released a survey entitled "Managing greenhouse gas emissions: Mitigating risks and uncovering opportunities" (PDF) which considers how Canadian companies [read more]Wednesday, 9 January 2008 |
| Submitted by Andrew Lord
Reuters News reports that the European Commission is debating whether to implement a carbon tariff on imports from countries that have taken insufficient steps to tackle [read more]Wednesday, 9 January 2008 |
| Japan will agree to numerical targets to cut its greenhouse gas emissions, changing the stance it took at the Bali conference in December 2007.
Japan will also establish a $10 billion "finance [read more]Sunday, 6 January 2008 | Dean Dalke |
| As part of the continued effort to highlight development in emission trading, renewable energy and other environmental financing opportunities, Davis LLP will now be offering a regular update on developments [read more]Sunday, 6 January 2008 | Dean Dalke |
| When Australia ratified the Kyoto Protocol this week the United States became the only industrialized country to have not ratified the protocol.
As the conference in Bali progress however, it [read more]Thursday, 6 December 2007 | Adam Nott |
|
Australia ratified Today marked the beginning of the 13th Conference of the Parties to the United Nations Conference on Climate Change. The conference will run from the 3rd to the 14th [read more]Monday, 3 December 2007 | Adam Nott |
| It seems every time I pick up the paper or get an email there is an environmental infrastructure project waiting to be developed. 'Environmental infrastructure' is the label I use to refer [read more]Wednesday, 28 November 2007 | Adam Nott |
| On Tuesday, November 20, 2007, the Greenhouse Gas Reduction Targets Act (BC) was introduced for first reading. Once passed by the BC legislature the Act will set two province wide targets for greenhouse [read more]Thursday, 22 November 2007 | Adam Nott |
| Submitted by Andrew Lord
The negative impacts of global warming are already occurring and will only get more severe if the world continues to run business as usual. However, many of the negative [read more]Tuesday, 20 November 2007 |
| Submitted by Andrew Lord
Yet another standard for voluntary carbon credits was launched this week. However, the proliferation of new standards risks clouding the air rather than clearing it [read more]Tuesday, 20 November 2007 |
| Submitted by Andrew Lord.
The EU has been extensively criticized for doling out too many greenhouse gas emissions allowances during the first phase of the European Trading System (EU ETS). The [read more]Wednesday, 31 October 2007 |
| Submitted by Danielle Jarvis.
On October 29, 2007 Premier Gordon Campbell signed on to the International Carbon Action Partnership (ICAP) on behalf of British Columbia at a summit in Lisbon, Portugal [read more]Monday, 29 October 2007 |
| British Columbia has been making leaps and strides in developing its greenhouse gas policy over the past nine months. In February the Province released the 2007 Energy Plan, which announced a policy [read more]Thursday, 25 October 2007 | Adam Nott |
| Quebec has taken active steps towards a fight against climate change and to meet the 2012 Kyoto Protocol with its 2006 - 2012 action plan to reduce Quebec's greenhouse gas emissions. One of the [read more]Thursday, 25 October 2007 | Irina Schnitzer |
| Submitted by Andrew Lord.
With the risk of climate change threatening to swamp the global insurance industry, more and more insurers plan to stay afloat by developing new and innovative products [read more]Monday, 22 October 2007 |
| Submitted by Andrew Lord
Businesses and investors want to do something about climate change, but they need the government to make the market for change.
On Wednesday, October 10, the Conference [read more]Wednesday, 10 October 2007 |
| The Kyoto Protocol has been signed and ratified by every developed country in the world, with the exceptions of the US and Australia. Australia signed the treaty in 1997. Ironically, although it was [read more]Tuesday, 9 October 2007 | Adam Nott |
| The Globe and Mail ran an interesting article about pre-packaged leafy greens and salad mixes today. The article basically says that along with the veggies you get a high chance of food poisoning [read more]Friday, 21 September 2007 | Adam Nott |
| Submitted by Danielle Jarvis.
Can the Canadian Federal Court force the Minister of the Environment (“MOE”) to come up with a climate change plan that complies with the Kyoto Protocol [read more]Thursday, 20 September 2007 |
| Submitted by Danielle Jarvis.
On September 4th, China released an ambitious "Middle and Long-Term Development Plan of Renewable Energies", which pledged to source 10% of China's [read more]Thursday, 6 September 2007 |
| Submitted by Andrew Lord.
The UNFCCC and URC just launched CDM Bazaar, a free information exchange service that aims to make the Clean Development Mechanism market more efficient. The portal connects [read more]Wednesday, 5 September 2007 |
| Submitted by Andrew Lord.
On August 29, the Ontario Power Authority filed its 20-year Integrated Power System Plan ("IPSP") with the Ontario Energy Board. According to the OPA's [read more]Tuesday, 4 September 2007 |
| Long able to attract eco-tourists, Costa Rica is now positioning itself as a destination for environmentally conscious businesses.
On June 7, Costa Rican President Oscar Arias pledged that Costa [read more]Wednesday, 22 August 2007 |
| This past weekend KenGen signed a contract with Mistubisihi Corporation and Mitsubishi Heavy Industries to construct a 35MW geothermal plant in the Kenyan Rift Valley. This project has qualified under [read more]Tuesday, 21 August 2007 | Adam Nott |
| It would appear that a deal between BC Hydro and Alcan is back on.
This deal, which was originally rejected by the BCTC last year because it provided power that was more expensive than power generated [read more]Monday, 20 August 2007 | Adam Nott |
| Click here for more information. [read more]Monday, 20 August 2007 |
| Click here for more details on this run-of-river project. [read more]Monday, 20 August 2007 | Adam Nott |
| I
In February of 2007, the BC Government released its newest energy plan. Policy items 18, 19 and 20 discussed carbon offsets for power projects in BC. In particular:
18. All new electricity [read more]Wednesday, 15 August 2007 | Adam Nott |
| Submitted by Danielle Jarvis.
Wave power has been wanting for attention and capital, with most green and green eyes focused on biofuels, biomass bioenergy, solar and wind. Will wave power ever [read more]Friday, 27 July 2007 |
| Posted by Danielle Jarvis.
As John Howard’s re-election campaign in Australia warms up, so too has his stance on climate change. Howard signalled yesterday that Australia will develop a [read more]Tuesday, 17 July 2007 |
| Submitted by Danielle Jarvis.
As part of the Canadian federal government’s commitment to invest $100 million over three years in BC to reduce the consequences of the mountain pine beetle [read more]Monday, 16 July 2007 |
| Submitted by Danielle Jarvis
Where an emissions trading scheme is born, so an exchange follows. Carbon exchanges arise in response to mandatory or voluntary emissions trading schemes, platforms [read more]Monday, 9 July 2007 |
| With the establishment of Renewable Energy Portfolios in most Western states, BC’s commitment to produce 90% of its energy from Clean Sources and a growing demand for renewable energy certificates [read more]Wednesday, 4 July 2007 | Adam Nott |
| Jason Hicks quoted in current issue of Canadian Lawyer re: green buildings.
Congratulations Jason! [read more]Wednesday, 4 July 2007 | Jason Hicks |
| The provinces have begun to make announcements regarding emission trading. British Columbia recently signed agreements with both California and Washington to address climate change. These and other [read more]Thursday, 28 June 2007 |
| The legislation which implements the Innovative Clean Energy Fund (“ICE Fund”), which was announced in the 2007 BC Budget, was recently proclaimed as effective the Lieutenant Governor [read more]Wednesday, 27 June 2007 | Adam Nott |
| BC Hydro released draft rules and a draft energy power agreement on June 20, 2007. In comparison to Ontario Power Authority’s Standing Offer Program it would appear that BC Hydro is unwilling [read more]Monday, 25 June 2007 | Adam Nott |
| On June 7, 2007, the British Columbia government adopted a "Sound emissions regulation for wind turbines sited on Crown land." The regulation specifies a maximum sound emission from wind [read more]Wednesday, 20 June 2007 | Dean Dalke |
| Here is a small news item from the Infrastructure Journal that we just couldn’t resist posting:
The power of prayer apparently doesn't get the papal kettle boiling; for that the Vatican [read more]Monday, 18 June 2007 | Adam Nott |
| Submitted by Danielle Jarvis
At the 33rd Annual Summit of the Group of 8 in Heiligendamm, Germany (G-8, includes: Canada, France, Germany, Italy, Japan, Russia, the United Kingdom and the United [read more]Friday, 8 June 2007 |
| Greenhouse gas emissions from international air travel were not covered by the Kyoto protocol because of the difficulty in assigning the emissions to a responsible country. Does a Canadian flying [read more]Friday, 8 June 2007 | Adam Nott |
| The Western Regional Climate Action Initiative gained a new member on May 21, 2007, when Utah joined the pact. This membership to six States and one province. Utah is a welcome addition as they are [read more]Tuesday, 5 June 2007 | Adam Nott |
| Air Canada has recently announced that along with the option for meals, blankets and assigned seating, passengers will soon be able to offset the greenhouse gas emissions associated with their flight [read more]Tuesday, 5 June 2007 | Adam Nott |
| As regional markets for the trading of GHG emissions and offsets begin to form in North America, British Columbia’s premier has begun attempting to sell the idea of a regional market to Alberta [read more]Tuesday, 22 May 2007 | Adam Nott |
| Another large tidal project was announced recently, this time in South Korea. The plan is to build the world’s largest tidal facility - 812MW - over an area that covers four islands. Clearly [read more]Tuesday, 8 May 2007 | Adam Nott |
| A month or so ago, Prime Minister Steven Harper took a spending tour of Canada and doled out cash promoting the Federal ecoTrust program. In particular, each province was allocated a portion of the [read more]Tuesday, 8 May 2007 | Adam Nott |
| Both Yahoo and PepsiCo have announced that they will be going carbon neutral through the purchase of a series of carbon offsets. Yahoo will be offsetting 2/3 of its carbon footprint with the funding [read more]Tuesday, 8 May 2007 | Adam Nott |
| A lot has happened in the news since our last post regarding emissions trading, but it still unclear what the landscape will look like in Canada. One thing appears to be clear, a cap and trade system [read more]Tuesday, 8 May 2007 | Adam Nott |
| The British Columbia Ministry of Finance has flagged fiscal and tax measures as an important tool for reaching the emissions reductions goals of the province. They are now seeking input from the general [read more]Monday, 7 May 2007 | Adam Nott |
| After asking what BC's signature to the WRCAI meant for a cap and trade system on GHG meant for the rest of Canada, and how this move would play out in Canada, it was interesting to hear of the [read more]Wednesday, 25 April 2007 | Adam Nott |
| While BC continues to consider how to help the ocean energy market develop, the US moves another step forward with FERC approval for a number of ocean energy sites. Check here more details. [read more]Tuesday, 24 April 2007 | Adam Nott |
| The BC Premier's office announced today that it has joined with five western U.S. states in the Western Regional Climate Action Initiative.
The WRCAI sets three main goals including
Setting [read more]Tuesday, 24 April 2007 | Adam Nott |
| Energy can be generated from the oceans by harnessing the kinetic power generated by currents, tides and waves, as well as by placing wind turbines offshore. And there is a lot of energy to be [read more]Tuesday, 17 April 2007 | Adam Nott |
| Although small energy projects can be built and integrated into buildings, most of the renewable energy that will be generated will be done through large scale projects. This provides efficiencies [read more]Wednesday, 28 March 2007 | Adam Nott |
| Hats off to the government of Prince Edward Island for coming up with a way to get local residents to literally buy into renewable energy. The governmant launched an "Energy Savings Bonds" [read more]Sunday, 18 March 2007 | Adam Nott |
| As the British Columbia government considers options for achieving the ambitious goals set out in its recent Throne Speech and Energy Plan II, it would do well to consider the lessons to be learned [read more]Monday, 12 March 2007 | Adam Nott |
| In the first step towards a Bioenergy Call for Power, BC Hydro announced today that it is conducting a request for expressions of interest ("RFEOI") with regards to the use of wood fibre [read more]Friday, 9 March 2007 | Adam Nott |
| BC Hydro has been tossing around the idea of issuing a call for power focused on 'near commercial' technologies for a while now. Near commercial technolgies include both hydrogen fuel [read more]Tuesday, 27 February 2007 | Adam Nott |
| For those of you curious as to the exact details on the tax exemption relating to wind power, the 2007 Budget will be providing an exemption to wind power similar to the exemption provided in 2005 [read more]Tuesday, 20 February 2007 | Adam Nott |
| The 2007 BC Budget has just been introduced to the Legislative Assembly and the Throne Speech is acknowledged. But if you were hoping for funds on climate change initiatives to appear in this [read more]Tuesday, 20 February 2007 | Adam Nott |
| The British Columbia government made a series of dramatic commitments to renewable energy and sustainable development in its 2007 Throne Speech.
The government dedicated roughly half of the [read more]Monday, 19 February 2007 | Adam Nott |
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