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Practice Industry: Dispute Resolution, Energy & Natural Resources, Retail & Distribution
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Shepherd and Wedderburn LLP | September 2007

Ofgem announced last week that it is delaying its decision on proposals relating to transmission losses. The gas and electricity market regulator's previous statement that it favours one of several proposals before it on this subject has caused considerable consternation among commentators in Scotland ...

AELEX | October 2007

The Current Mineral Licensing Regime in Nigeria

LCS & Partners | October 2007

Civil Dispute Resolution in TaiwanSeptember, 2007ForewordTaiwan is a civil law jurisdiction, and its courts are charged principally with interpreting statutory laws and have limited ability to create new remedies or laws where there is no statutory basis. Civil, criminal, and administrative cases fall under the jurisdiction of separate court systems. In addition to civil litigation, civil disputes can also be handled through arbitration, mediation, or settlement ...

Lawson Lundell LLP | October 2007

DEALING WITH MINING LEGACY – SOME CANADIAN APPROACHES(1)1. INTRODUCTIONIn this paper we discuss approaches that have been used in Canada to identify and foster private sector, public and aboriginal participation in dealing with mining environmental liabilities and orphan sites(2) ...

In this long running case, the Court of Appeal has granted Dwr Cymru (on 26 July) leave to appeal the Competition Appeal Tribunal's (the CAT) finding that Dwr Cymru had abused its dominant position by setting an access charge that resulted in a margin squeeze on Albion Water (Albion). The Court of Appeal is due to hear the case later this year ...

Lawson Lundell LLP | November 2007

The Alberta Court of Appeal recently granted Atco Gas and Pipelines Ltd.’s (ATCO) application for leave to appeal AEUB Decisions 2005-63 and 2007-005 and Interim Order U2005-133. In those decisions the AEUB required ATCO to maintain certain natural gas reservoir storage assets (the “Carbon Facilities”) in rate base ...

Lawson Lundell LLP | November 2007

In his September address to the Union of B.C. Municipalities, the Premier announced that the Western Climate Initiative is working collaboratively to develop a cap and trade system by next August. British Columbia will also require hard caps on GHG emissions from all heavy emitters in B.C. All ministries and Crown agencies will be legally required to be carbon neutral by 2010 – “no ifs, ands or buts” ...

Lawson Lundell LLP | November 2007

Prior to 1987, natural gas was supplied to end use customers in British Columbia by monopoly service providers only on a bundled basis. In 1987, Inland Natural Gas Ltd., a predecessor company to Terasen Gas Inc. (“TGI”), pioneered open access in this province by applying to establish transportation service rates for its industrial and large commercial customers. Open access was made available to those customers commencing in 1987 ...

Lawson Lundell LLP | November 2007

On October 25, 2007 the Alberta Government announced a new royalty regime that will see a 20% increase in royalties for the development of the province’s non-renewable energy resources. Starting in 2009, oil and gas companies are expected to be paying roughly $1.4 billion more a year in royalties ...

Lawson Lundell LLP | November 2007

On March 15, 2007 BC Hydro filed its first general rate design application in 16 years (after a lengthy government imposed rate freeze that ended in 2003, an enquiry into the allocation of the benefits of BC Hydro’s low-cost Heritage Resources, two revenue requirements proceedings and its first comprehensive longterm resource planning review in this year) ...

Lawson Lundell LLP | November 2007

On September 30, 2007, on its own motion and without notice, the Alberta Energy and Utilities Board (AEUB) issued a decision voiding its approvals of both the Alberta Electric System Operator’s (AESO) need assessment and general routing selection and AltaLink Management Ltd.’s (AltaLink) subsequent facilities application related to the proposed 500kV transmission reinforcement between Edmonton and Calgary ...

Lawson Lundell LLP | November 2007

In September, 2007 the AESO removed the 900MW threshold on wind power generation. In response to concerns about the Alberta system’s ability to absorb significant volumes of intermittent resources, in 2006 the AESO had capped wind facility interconnection to the Alberta system at 900MW until such time as appropriate mitigation measures were established to ensure wind power did not jeopardize system reliability ...

Lawson Lundell LLP | November 2007

On November 21, 2007, the Supreme Court of British Columbia released the decision of Mr. Justice Vickers in Tsilhqot’in Nation v. British Columbia(1). The decision dealt with a claim brought by Chief Roger William of the Xeni Gwet’in First Nation, on behalf of the Xeni Gwet’in First Nation and the Tsilhqot’in Nation ...

Lawson Lundell LLP | December 2007

The rule that a party receiving documents in litigation holds them subject to an implied undertaking to use them only in the proceedings in which they were produced has been a fixture of practice in British Columbia since 1995. However, while the rule is easy to state, it often proves more difficult to apply in practice and carries with it the potential for very serious sanctions for breach ...

Shepherd and Wedderburn LLP | December 2007

On 19 September, the Commission announced its third legislative package aimed at liberalising the EU’s electricity and gas markets ...

AELEX | December 2007

NIGERIA’S MINING ACTS - A Case Study for Mining Reform

Shepherd and Wedderburn LLP | February 2008

The government's current plans to increase the UK's wind energy industry are "too late and too weak", the British Wind Energy Association (BWEA) has argued. Under recent proposals put forward by the European Commission, the UK must obtain 40 per cent of all electricity from renewable sources, such as wind and solar power, within the next 12 years ...

U.S. Court of Appeals for the District of Columbia Circuit Finds that Student Who Was Abused Multiple Times by Fellow Students Was Entitled to Multiple Per-Claim Limits Because Each Assault Was a Separate “Claim”.In Essex Insurance Co. v. Doe, No. 06-7163, 2008 U.S. App. LEXIS 94 (D.C. Cir. Jan ...

Lavery Lawyers | March 2008

For the first time, the Court of Appeal has rendered a decision on a class action instituted under the Competition Act. A unanimous decision in favour of our client, Toyota Canada Inc. and 37 of its dealers in the Montreal region, was handed down on February 26, 2008 ...

Shoosmiths LLP | May 2008

According to statistics, 76% of the leading 100 UK retailers have plans to replace at least one of their core IT systems in 2008. Ensuring that your IT system is up to date is vital. Using outdated software packages often results in poor service delivery and inefficient business management. Many old systems are not capable of meeting current legislation requirements or are not able to deliver reports to demonstrate compliance ...

The EU Emissions Trading Scheme (EU ETS) is one of a number of policies introduced across the European Union to help it meet its greenhouse gas emissions reduction target under the Kyoto Protocol. The EU ETS is viewed by many as one of the ways that private sector investment in CCS (Carbon Capture and Storage) can be incentivised ...

On 1 April 2008, the market for non-household water and sewerage services in Scotland 'went live'. For the first time, business customers were able to choose their water and sewerage retailer in much the same way as they are accustomed to doing for other utility services, such as telecommunications, electricity and gas ...

The Planning etc (Scotland) Act 2006 has placed the National Planning Framework (NPF) – Scotland's national planning strategy - on a statutory footing, to be reviewed every four years. The NPF was published in 2004 to largely widespread approval from industry, political and community figures. The purpose of the NPF was to introduce the Scottish Executive's strategy for the "spatial development of Scotland until 2025" ...

Lawson Lundell LLP | May 2008

Province of British Columbia Bars Exploration and Development of Uranium ResourcesOn April 24, 2008, the Province of British Columbia announced that it will not support the exploration and development of uranium in British Columbia and is establishing a "no registration reserve" under the Mineral Tenure Act for uranium and thorium. The "no registration reserve" will ensure any future claims do not include the rights to uranium ...

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