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.
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- Pages
- 490
- Published in
- Calgary, CA
Table of Contents
- Front Cover 1
- Half Title Page 2
- Full Title Page 4
- Copyright Page 5
- Table of Contents 6
- Preface 10
- Introduction 12
- SECTION 1: Protection of the Marine Environment 16
- 1| Ship Source Pollution Regimes (Canada)—A Primer 18
- 2| Environmental Protection and Offshore Petroleum Activities: A Regulator’s Perspective 32
- 3| Protection of the Marine Environment: The International Legal Context 44
- 4| The Fisheries Act as an Environmental Protection Statute 70
- 5| Offshore Arctic Electricity Generation and Transmission Structures 84
- 6| Braiding Together Indigenous and Canadian Legal Traditions for Fisheries Management: Recent Pacific Coast Experience 110
- 7| LNG–Fuelled Vessels—Environmentally Friendly Ships for the Arctic 148
- 8| Going with the Flow: Tidal Regulation in Atlantic Canada 160
- 9| Pressures on the Ocean: Scientific Perspective 170
- 10| Anticipating and Avoiding Environmental Protection Disputes during Decommissioning of Oil andGas Projects Offshore Canada 180
- SECTION 2: Enforcement Issues in Canadian Wildlife Protection 194
- 11| Enforcement of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act 196
- 12| Reconciliation—Territorial Wildlife Regimes and the Future of the Northern Wildlife Resource 212
- 13| Buffalo in Banff National Park: Framework for Reconciliation in Wildlife Management 228
- 14| An Overview of Wildlife Legislation in Alberta 240
- 15| Wildlife and Habitat Protection/Management Other Than by Wildlife Laws: Roles for Courts 254
- 16| A Role for the Courts in Market-Based Conservation 268
- 17| Management and Enforcement Challenges for Highly Migratory Species: The Case of Atlantic Bluefin Tuna 282
- 18| Challenges in Receiving Species at Risk Act Protections: A Killer (Whale) Case Study 294
- 19| Administrative Penalties in Alberta: Overview and Latest Trends 312
- SECTION 3: Enforcement of Canadian Greenhouse Gas Emissions Laws 326
- 20| Canada’s International Climate Obligations and Provincial Diversity in Greenhouse Gas Emissions: A Fertile Ground for Multifaceted Litigation 328
- 21| National Carbon Pricing in Canada 352
- 22| Municipalities and Greenhouse Gas Regulation and Management 366
- 23| The Cap-and-Trade System for Greenhouse Gas Emission Allowances: The Quebec Experience 378
- 24| Enforcement and Withdrawal under the California–Quebec (and Not Ontario) Cap-and-Trade Linkage Agreement 386
- 25| Enforcing Canada’s Federal Methane Regulations for the Upstream Oil and Gas Industry 404
- 26| Regulation and Enforcement of Oil Sands Emissions 422
- 27| Reducing Greenhouse Gas Emissions from Canadian Agriculture 434
- 28| Regulating Greenhouse Gas Emissions from International Shipping 448
- List of Contributors 478
- Index 480
- Back Cover 492
