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As Petroleum Commissioner for Namibia, Dr Leon Moller had first-hand experience of negotiating with international oil companies in Africa. Now a solicitor in Aberdeen, with leading UK law firm Shepherd and Wedderburn, he outlines the challenges and potential pitfalls facing firms hoping to exploit the continent's vast resources ...

Lavery Lawyers | July 2008

On May 28, 2008, the Quebec Minister of Natural Resources and Wildlife, Claude Béchard, presented the first Government strategy for the lumber use in construction. Entitled “Agir aujourd’hui pour demain” (Acting today for tomorrow). This initiative has the goal of a threefold increase by 2014 in the use of wood products in the non-residential sector and in construction of multi-family dwellings, thus reducing greenhouse gas emissions by 600,000 tonnes ...

Lavery Lawyers | July 2008

On March 14, 2008, Luc Bertrand, the Chairman of the Board of the Montreal Climate Exchange, announced that the Exchange filed an application with the Autorité des marchés financiers requesting approval of the trading of environmental products on its electronic trading platform ...

Lawson Lundell LLP | May 2008

Province of British Columbia Bars Exploration and Development of Uranium ResourcesOn April 24, 2008, the Province of British Columbia announced that it will not support the exploration and development of uranium in British Columbia and is establishing a "no registration reserve" under the Mineral Tenure Act for uranium and thorium. The "no registration reserve" will ensure any future claims do not include the rights to uranium ...

Lawson Lundell LLP | May 2008

Yukon Supreme Court Considers the Duty to Consult on Settled Treaty LandsCanadian case law continues to refine the principles of the duty to consult and accommodate Aboriginal peoples, and the May 2007 decision of the Yukon Supreme Court in Little Salmon/Carmacks First Nation v. The Government of Yukon (Minister of Energy, Mines and Resources), 2007 YKSC 28 considers the extent of its application on recently settled treaty lands in the Yukon ...

The Planning etc (Scotland) Act 2006 has placed the National Planning Framework (NPF) – Scotland's national planning strategy - on a statutory footing, to be reviewed every four years. The NPF was published in 2004 to largely widespread approval from industry, political and community figures. The purpose of the NPF was to introduce the Scottish Executive's strategy for the "spatial development of Scotland until 2025" ...

On 1 April 2008, the market for non-household water and sewerage services in Scotland 'went live'. For the first time, business customers were able to choose their water and sewerage retailer in much the same way as they are accustomed to doing for other utility services, such as telecommunications, electricity and gas ...

The EU Emissions Trading Scheme (EU ETS) is one of a number of policies introduced across the European Union to help it meet its greenhouse gas emissions reduction target under the Kyoto Protocol. The EU ETS is viewed by many as one of the ways that private sector investment in CCS (Carbon Capture and Storage) can be incentivised ...

PLMJ | February 2008

The sector inquiries "into a particular sector of the economy or into a particular type of agreements  cross various sectors", set in Article 17 of EC Regulation 1/2003, are one of the tools available to the European Commission to enforce Competition Policy ...

Dykema | February 2008

CMS recently released new regulations intended to curb the ability of a physician to earn a profit on either the technical component (TC) or professional component (PC) of tests ordered by the physician, but performed by another party. The regulation is effective January 1, 2008 and applies to all Medicare-covered diagnostic tests including imaging and anatomic pathology, but excluding clinical laboratory tests ...

Shepherd and Wedderburn LLP | February 2008

The government's current plans to increase the UK's wind energy industry are "too late and too weak", the British Wind Energy Association (BWEA) has argued. Under recent proposals put forward by the European Commission, the UK must obtain 40 per cent of all electricity from renewable sources, such as wind and solar power, within the next 12 years ...

Waller | January 2008

Savings and expected recoveries of $43 billion were reported by the Department of Health and Human Services Office of the Inspector General (OIG) in its Semiannual Report to Congress on December 14, 2007, for fiscal year 2007 (October 2006 – September 2007). This represents $2.18 billion in investigative recoveries, $1 ...

AELEX | December 2007

NIGERIA’S MINING ACTS - A Case Study for Mining Reform

Shepherd and Wedderburn LLP | December 2007

On 19 September, the Commission announced its third legislative package aimed at liberalising the EU’s electricity and gas markets ...

Lawson Lundell LLP | November 2007

On October 25, 2007 the Alberta Government announced a new royalty regime that will see a 20% increase in royalties for the development of the province’s non-renewable energy resources. Starting in 2009, oil and gas companies are expected to be paying roughly $1.4 billion more a year in royalties ...

Lawson Lundell LLP | November 2007

On March 15, 2007 BC Hydro filed its first general rate design application in 16 years (after a lengthy government imposed rate freeze that ended in 2003, an enquiry into the allocation of the benefits of BC Hydro’s low-cost Heritage Resources, two revenue requirements proceedings and its first comprehensive longterm resource planning review in this year) ...

Lawson Lundell LLP | November 2007

On September 30, 2007, on its own motion and without notice, the Alberta Energy and Utilities Board (AEUB) issued a decision voiding its approvals of both the Alberta Electric System Operator’s (AESO) need assessment and general routing selection and AltaLink Management Ltd.’s (AltaLink) subsequent facilities application related to the proposed 500kV transmission reinforcement between Edmonton and Calgary ...

Lawson Lundell LLP | November 2007

In September, 2007 the AESO removed the 900MW threshold on wind power generation. In response to concerns about the Alberta system’s ability to absorb significant volumes of intermittent resources, in 2006 the AESO had capped wind facility interconnection to the Alberta system at 900MW until such time as appropriate mitigation measures were established to ensure wind power did not jeopardize system reliability ...

Lawson Lundell LLP | November 2007

In his September address to the Union of B.C. Municipalities, the Premier announced that the Western Climate Initiative is working collaboratively to develop a cap and trade system by next August. British Columbia will also require hard caps on GHG emissions from all heavy emitters in B.C. All ministries and Crown agencies will be legally required to be carbon neutral by 2010 – “no ifs, ands or buts” ...

Lawson Lundell LLP | November 2007

Prior to 1987, natural gas was supplied to end use customers in British Columbia by monopoly service providers only on a bundled basis. In 1987, Inland Natural Gas Ltd., a predecessor company to Terasen Gas Inc. (“TGI”), pioneered open access in this province by applying to establish transportation service rates for its industrial and large commercial customers. Open access was made available to those customers commencing in 1987 ...

Lawson Lundell LLP | November 2007

The Alberta Court of Appeal recently granted Atco Gas and Pipelines Ltd.’s (ATCO) application for leave to appeal AEUB Decisions 2005-63 and 2007-005 and Interim Order U2005-133. In those decisions the AEUB required ATCO to maintain certain natural gas reservoir storage assets (the “Carbon Facilities”) in rate base ...

In this long running case, the Court of Appeal has granted Dwr Cymru (on 26 July) leave to appeal the Competition Appeal Tribunal's (the CAT) finding that Dwr Cymru had abused its dominant position by setting an access charge that resulted in a margin squeeze on Albion Water (Albion). The Court of Appeal is due to hear the case later this year ...

Lawson Lundell LLP | October 2007

DEALING WITH MINING LEGACY – SOME CANADIAN APPROACHES(1)1. INTRODUCTIONIn this paper we discuss approaches that have been used in Canada to identify and foster private sector, public and aboriginal participation in dealing with mining environmental liabilities and orphan sites(2) ...

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