Appeal Watch: Fate of Federal Greenhouse Gas Legislation is Up in the Air

How urgent is the need for coordinated national action on climate change? According to the Court of Appeal for Ontario (“ONCA”), it is urgent indeed. On June 28 2019, the ONCA found, by a 4-1 majority, that the federal Greenhouse Gas Pollution Pricing Act (“GGPPA”or “the Act”) is a valid exercise of Parliament’s jurisdiction over […]

Appeal Watch: BC’s Trans Mountain Pipeline Dispute is On Its Way to the SCC

At what point does a provincial environmental law which affects interprovincial pipelines stop being environmental legislation and start being an impermissible regulation of a federal undertaking? The British Columbia Court of Appeal (“BCCA”) was tasked with answering this question in the Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 (EMA Reference), which pitted […]