Results for: Publication News | Articles published in Energy Regulation Quarterly

Professor Emeritus Nigel Bankes and Professors David Wright and Martin Olszynski have co-authored articles for the journal. " What the Supreme Court actually said in the  IAA Reference ," co-authored by Martin Olszynski , Nigel Bankes and David Wright , this case comment sets out what is, and is not, constitutional about the   regime. The authors begin by first clarifying the Act's current legal status. They then set out the principles - post- IAA Reference  - of federal and provincial jurisdiction over the environment generally, and then with respect to impact assessment specifically. This is followed by a discussion of the  's specific constitutional defects as found by the majority, the implications of those defects, and their potential remedies. The authors conclude with some observations regarding the  IAA Reference 's relevance to future constitutional battles over federal clean electricity regulations and an oil and gas greenhouse gas emissions cap. In " The word "exclusive" does not confer a constitutional monopoly, nor a right to develop provincial resource projects ," Nigel Bankes and co-author Andrew Leach explore the majority opinion in the  IAA Reference which concludes that the federal government has arrogated to itself decision-making powers that properly belong to provincial governments; powers, that is, with respect to resource projects and other works and undertakings located entirely within a province (for short, "provincial resource projects").