Browsing by Author "Vlavianos, Nickie"

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    Albertans' Concerns About Health Impacts and Oil and Gas Development: A Summary
    (Canadian Institute of Resources Law, 2006-02) Vlavianos, Nickie
    This paper is the third publication to come from the Human Rights and Resource Development Project, the purpose of which is to explore the relationship between two important areas of law: human rights, as they are protected by law in Alberta, and the legal regime pursuant to which natural resources, such as oil and gas, are developed in the Province.
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    Health, Human Rights and Resource Development in Alberta: Current and Emerging Law
    (Canadian Institute of Resources Law, 2003) Vlavianos, Nickie
    This paper is the first publication to come from the Human Rights and Resource Development Project, the purpose of which is to explore the relationship between two important areas of law: human rights, as they are protected by law in Alberta, and the legal regime, pursuant to which natural resources, such as oil and gas, are developed in the Province. The two non-profit organizations which have undertaken this Project - the Alberta Civil Liberties Research Centre and the Canadian Institute of Resources Law - are dedicated to legal research, publication and education. Thus, we do not take positions regarding the factual controversies, which lie behind some of the conflicts over resource development in Alberta. Nevertheless, our work on the Project proceeds from the assumption that those controversies are serious enough, that it is crucial for the relevant law on these matters to be as clearly articulated and as widely understood as possible.
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    Human Rights, Health and Resource Development in Alberta: A Summary of Current and Emerging Law
    (Canadian Institute of Resources Law, 2004) Vlavianos, Nickie
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    Key Shortcomings in the Current Regulatory Framework for Oil Sands Development in Alberta
    (Canadian Institute of Resources Law, 2007) Vlavianos, Nickie
    As oil sands development continues in Alberta, questions are being raised about the adequacy of the current oil sands legislative and regulatory framework. This article outlines three shortcomings in the current framework. They relate to the following: the lack of comprehensive plans for oil sands development and for land use in the province; the complexity and lack of transparency with respect to overlapping mandates in the current framework; and issues in regard to the absence or insufficiency of public participation at key decision-making points in the current process.
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    The Legislative and Regulatory Framework for Oil Sands Development in Alberta: A Detailed Review and Analysis
    (Canadian Institute of Resources Law, 2007) Vlavianos, Nickie
    This paper provides a detailed review of the current provincial legislative and regulatory framework for oil sands development in Alberta. It does so by moving through the three key stages in the current process - the disposition of rights to develop oil sands; the disposition of rights to access the surface of public land; and the oil sands project review and approval stage. The paper identifies key issues and problem areas that arise at each stage. Many of these issues relate to the lack of clarity, certainty and transparency with respect to certain key decision-making points in the current development process.
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    The Potential Application of Human Rights Law to Oil and Gas Development in Alberta: A Synopsis
    (Canadian Institute of Resources Law, 2006-08) Vlavianos, Nickie
    This paper summarizes much of the work undertaken as part of the Human Rights and Resource Development Project from 2001 to the end of July 2006. It is the fifth publication to come from this project, the purpose of which is to explore the relationship between two important areas of law: human rights, as they are protected by law in Alberta, and the legal regime pursuant to which oil and gas resources are developed in the Province. The paper focuses on two actual or potential impacts from oil land gas development, those affecting human health and those affecting one's culture or way of life. In light of these impacts, it asks whether human rights law has anything to say about the way oil and gas is developed in Alberta. The paper considers the mineral rights disposition stage, the environmental assessment process, as well as a number of issues regarding the approval process (including the powers of Alberta's Energy and Utilities Board, and the test for standing for a hearing before that Board).
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    The Role of Municipalities and Regional Health Authorities in Oil and Gas Development in Alberta
    (Canadian Institute of Resources Law, 2006) Vlavianos, Nickie
    The potential for municipalities and regional health authorities to affect the course of resource development in Alberta was recently brought to light in the case of Compton Petroleum Corporation’s application to drill six sour gas wells just outside Calgary. The case raised issues about the jurisdiction and role of municipalities and regional health authorities in oil and gas development. This article examines that jurisdiction and the role these entities can play in oil and gas development in Alberta. The article finds that, although their jurisdiction may be limited, there are significant avenues available for municipalities and regional health authorities to ensure that their local and regional concerns are addressed.
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    A Single Regulator for Oil and Gas Development in Alberta? A Critical Assessment of the Current Proposal
    (2012-08-01T18:45:01Z) Vlavianos, Nickie
    In May 2011, the Alberta government announced its intention to consider seriously moving in the direction of a single regulator for oil and gas development in the province. The plan is to integrate, as far as energy projects are concerned, the mandates of the Energy Resources Conservation Board (ERCB), Alberta Environment (AENV), and Sustainable Resource Development (SRD). The ultimate goal to be achieved is a more efficient and competitive system through the creation of a more streamlined, consistent and less complex regulatory regime for project approvals and project monitoring. This article critically assesses the current proposal to move to a single oil and gas regulator in Alberta.
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    The brownfield market failure in Canada: strategies for cleaning up contaminated sites
    (2011) Omura, Robert K.; Vlavianos, Nickie
    A major obstacle to the goal of sustainable urban development has been the ongoing presence of historic contamination. No one wants to live, work or play next to contaminated land. These so-called brownfield sites often remain abandoned and underutilized lands that could be put to higher or better uses if the longstanding problem of contamination is addressed. This thesis identifies key factors underlying the brownfield market failure and discusses ways to correct the market failure. This thesis looks at improved information through capacity building, fixing structural problems associated with the regulatory system, such as the way liability rules operate within environmental legislation, and a sustainable development approach through greater municipal action. It attempts to integrate current theories of liability with the regulatory framework under federal, provincial and municipal law, and discusses the rapid expansion of municipal activism as a good approach to an effective brownfield strategy.