Environment in the Courtroom, Volume II

Alastair Lucas, Allan E. Ingelson, Alastair Lucas, Allan E. Ingelson

• Publisher: University of Calgary Press
• Year: 2023
• Print ISBN: 9781773853796
• eBook ISBN: 9781773853826
• Topic: Law
• Subtopic: Environmental Law
• Index: Law

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.

Table of contents

• Half Title
• Title Page
• Copyright
• Table of Contents
• Preface
• Introduction
• Section 1 — Protection of the Marine Environment
• 1 Ship Source Pollution Regimes (Canada)—A Primer
• 2 Environmental Protection and Offshore Petroleum Activities: A Regulator’s Perspective
• 3 Protection of the Marine Environment: The International Legal Context
• 4 The Fisheries Act as an Environmental Protection Statute
• 5 Offshore Arctic Electricity Generation and Transmission Structures
• 6 Braiding Together Indigenous and Canadian Legal Traditions for Fisheries Management: Recent Pacific Coast Experience
• 7 LNG–Fuelled Vessels—Environmentally Friendly Ships for the Arctic
• 8 Going with the Flow: Tidal Regulation in Atlantic Canada
• 9 Pressures on the Ocean: Scientific Perspective
• 10 Anticipating and Avoiding Environmental Protection Disputes during Decommissioning of Oil and Gas Projects Offshore Canada
• Section 2 — Enforcement Issues in Canadian Wildlife Protection
• 11 Enforcement of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
• 12 Reconciliation—Territorial Wildlife Regimes and the Future of the Northern Wildlife Resource
• 13 Buffalo in Banff National Park: Framework for Reconciliation in Wildlife Management
• 14 An Overview of Wildlife Legislation in Alberta
• 15 Wildlife and Habitat Protection/Management Other Than by Wildlife Laws: Roles for Courts
• 16 A Role for the Courts in Market-Based Conservation
• 17 Management and Enforcement Challenges for Highly Migratory Species: The Case of Atlantic Bluefin Tuna
• 18 Challenges in Receiving Species at Risk Act Protections: A Killer (Whale) Case Study
• 19 Administrative Penalties in Alberta: Overview and Latest Trends
• Section 3 — Enforcement of Canadian Greenhouse Gas Emissions Laws
• 20 Canada’s International Climate Obligations and Provincial Diversity in Greenhouse Gas Emissions: A Fertile Ground for Multifaceted Litigation
• 21 National Carbon Pricing in Canada
• 22 Municipalities and Greenhouse Gas Regulation and Management
• 23 The Cap-and-Trade System for Greenhouse Gas Emission Allowances: The Quebec Experience
• 24 Enforcement and Withdrawal under the California–Quebec (and Not Ontario) Cap-and-Trade Linkage Agreement
• 25 Enforcing Canada’s Federal Methane Regulations for the Upstream Oil and Gas Industry
• 26 Regulation and Enforcement of Oil Sands Emissions
• 27 Reducing Greenhouse Gas Emissions from Canadian Agriculture
• 28 Regulating Greenhouse Gas Emissions from International Shipping
• List of Contributors
• Index