scholarly journals Water Use Challenges to Oil and Gas Developments

2016 ◽  
Author(s):  
Wally Braul ◽  
Mike Theroux ◽  
Robbie Armfield

As public concern over fracking gains increased prominence in the media, litigation concerning the practice is starting to appear before Canadian courts. The litigation thus far has focused largely on water use and its associated licensing regimes, as well as Aboriginal treaty rights. Opponents of fracking have employed diverse strategies to combat the practice. Aside from the Environmental Appeal Board case involving the Fort Nelson First Nation, the British Columbia government and Nexen, no single strategy has proved particularly successful, though the litigation remains in its infancy. This article profiles the emerging Canadian litigation, considering it alongside the developing American civil litigation.

2011 ◽  
Vol 49 (2) ◽  
pp. 369 ◽  
Author(s):  
Wally Braul

The Northeast British Columbia (NEBC) oil patch is undergoing a boom in land tenure sales, exploration, and production. This comes at a time of increasing public concern over the use of hydraulic fracturing (or “fracking”), an unconventional technology that ushered in a new era of production in NEBC, along with several new contentious issues. Recently, four significant regulatory changes have been enacted or planned for the immediate future. The first, likely in response to public concern over fracking, occurred in October 2010 with an overhaul of the decades-old Petroleum and Natural Gas Act and the coming into force of the bulk of the provisions in the Oil and Gas Activities Act. The changes primarily affect production and environmental management, and several new provisions have a direct impact on fracking. The second change under development is the creation of a long-awaited groundwater licencing regime, marking a stronger environmental presence in the NEBC, and possibly abrogating pre-existing extraction rights. The third change arises from the expiry of Crown-First Nation Consultation Process Agreements (CPAs). Recent jurisprudence continues to point to the need for improved consultation and accommodation, but current negotiations may or may not succeed in arriving at a more comprehensive successor to the expired CPAs. Finally, under British Columbia’s contaminated sites regime, new measures expand the liability exposure of oil patch operators for contaminated sites in both civil actions and government enforcement proceedings.


2019 ◽  
Author(s):  
Angela D’Elia Decembrini ◽  
Shin Imai

Can municipalities infringe Aboriginal or treaty rights without consulting the affected Indigenous group? In Neskonlith Indian Band v. Salmon Arm (City), the British Columbia Court of Appeal answered this question in the affirmative, finding that the city of Salmon Arm did not need to consult the Neskonlith First Nation about impacts from the construction of a shopping mall. In what was technically obiter dicta, the Court permitted the municipal project to proceed, and told the First Nation that its only recourse was to complain to the provincial government in a separate proceeding.


2016 ◽  
Vol 6 (1) ◽  
Author(s):  
Jordan Koch ◽  
Jay Scherer

This article examines the articulation of a racialized moral panic surrounding Aboriginal gang violence and the community of Maskwacis, a collection of four First Nations in central Alberta, Canada formerly known as Hobbema. Our analysis is situated within the distinctive settler-colonial context through which Aboriginal gangs were mediated (Ginsburg 1991) by the mainstream commercial media as an issue of public concern in this particular Cree community and, indeed, throughout Western Canada. Drawing upon interviews with journalists, First Nation residents, and other community members in the region, our analysis focuses on two interrelated issues: 1) the “behind-the-scenes” production processes through which non-Aboriginal journalists condensed themes of race, crime, and youth to reproduce and amplify a powerful and punitive discourse that articulated Aboriginal gang violence with the broader community itself; and 2) the ways in which First Nations residents and community members—themselves the subjects of the media gaze—interpreted, internalized, and, at times actively manipulated this racialized discourse of crisis. 


2020 ◽  
Vol 52 (8) ◽  
pp. 1602-1621
Author(s):  
Anthony W. Persaud ◽  
Terre Satterfield ◽  
Eliana Macdonald

In Canada, the advance of industrial resource extraction has been moderated by a series of key legal decisions that have found that development activities within the traditional territories of Indigenous Nations may infringe on Aboriginal and treaty rights, requiring a duty to consult and potentially accommodate those affected. In British Columbia this duty is primarily satisfied through the Crown referrals process, whereby affected First Nation groups are notified by the Crown regarding potential rights-affecting decisions and are given an opportunity to formulate a response. This form of institutionalized engagement presents an ongoing challenge for First Nation groups who struggle to manage the influx of Crown referrals, as well as a dilemma for those who question its fairness and inherent colonial structure. For others, it is seen as an opportunity to leverage the duty to consult and accommodate in order to strengthen territorial self-governance. In this paper we introduce the idea of counter-institutionalizing and explore the conditions under which the Crown referrals process is being redrawn to better address, and not, the ability of First Nation groups to improve territorial self-governance and the trade-offs involved.


CIM Journal ◽  
2018 ◽  
Vol 9 (4) ◽  
pp. 195-214
Author(s):  
G. J. Simandl ◽  
C. Akam ◽  
M. Yakimoski ◽  
D. Richardson ◽  
A. Teucher ◽  
...  

2021 ◽  
Vol 73 (01) ◽  
pp. 12-13
Author(s):  
Manas Pathak ◽  
Tonya Cosby ◽  
Robert K. Perrons

Artificial intelligence (AI) has captivated the imagination of science-fiction movie audiences for many years and has been used in the upstream oil and gas industry for more than a decade (Mohaghegh 2005, 2011). But few industries evolve more quickly than those from Silicon Valley, and it accordingly follows that the technology has grown and changed considerably since this discussion began. The oil and gas industry, therefore, is at a point where it would be prudent to take stock of what has been achieved with AI in the sector, to provide a sober assessment of what has delivered value and what has not among the myriad implementations made so far, and to figure out how best to leverage this technology in the future in light of these learnings. When one looks at the long arc of AI in the oil and gas industry, a few important truths emerge. First among these is the fact that not all AI is the same. There is a spectrum of technological sophistication. Hollywood and the media have always been fascinated by the idea of artificial superintelligence and general intelligence systems capable of mimicking the actions and behaviors of real people. Those kinds of systems would have the ability to learn, perceive, understand, and function in human-like ways (Joshi 2019). As alluring as these types of AI are, however, they bear little resemblance to what actually has been delivered to the upstream industry. Instead, we mostly have seen much less ambitious “narrow AI” applications that very capably handle a specific task, such as quickly digesting thousands of pages of historical reports (Kimbleton and Matson 2018), detecting potential failures in progressive cavity pumps (Jacobs 2018), predicting oil and gas exports (Windarto et al. 2017), offering improvements for reservoir models (Mohaghegh 2011), or estimating oil-recovery factors (Mahmoud et al. 2019). But let’s face it: As impressive and commendable as these applications have been, they fall far short of the ambitious vision of highly autonomous systems that are capable of thinking about things outside of the narrow range of tasks explicitly handed to them. What is more, many of these narrow AI applications have tended to be modified versions of fairly generic solutions that were originally designed for other industries and that were then usefully extended to the oil and gas industry with a modest amount of tailoring. In other words, relatively little AI has been occurring in a way that had the oil and gas sector in mind from the outset. The second important truth is that human judgment still matters. What some technology vendors have referred to as “augmented intelligence” (Kimbleton and Matson 2018), whereby AI supplements human judgment rather than sup-plants it, is not merely an alternative way of approaching AI; rather, it is coming into focus that this is probably the most sensible way forward for this technology.


Author(s):  
Joshua F. Valder ◽  
Ryan R. McShane ◽  
Theodore B. Barnhart ◽  
Spencer L. Wheeling ◽  
Janet M. Carter ◽  
...  

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