scholarly journals Current Environmental Regulation of the Alberta Oil and Gas Industry and Emerging Issues

1990 ◽  
Vol 28 (1) ◽  
pp. 171
Author(s):  
Albert J. Hudec ◽  
Joni R. Paulus

As the environmental law regime in Alberta becomes increasingly detailed and stringent, participants in the oil and gas industry will face greater liability arising from environmental damage. This paper reviews the current provincial environmental regulatory structure as it applies to the oil and gas industry. Prospective developments in the law are also considered. The drafting of operating agreements, sale of oil and gas assets, and the liability of subsequent users are discussed in this context. Insurance coverage for environmental damage and the liability of lenders are also examined.

2017 ◽  
Author(s):  
Donald G. MacDiarmid ◽  
Sean J. Korney ◽  
Melanie Teetaert ◽  
Julie J.M. Taylor ◽  
Robert Martz ◽  
...  

Rights of first refusal and other preferential or pre-emptive rights (together, ROFRs, and individually a ROFR) routinely find their way into oil and gas industry agreements. Disputes often arise because of the complex nature and significant economic consequences of ROFRs. In recent years, a number of reported cases, either relating directly to ROFRs or more generally relating to contractual interpretation, have clarified (or at times muddied) the waters surrounding the use, application, and interpretation of ROFRs. However, most ROFR disputes never result in a reported decision because the parties typically negotiate solutions long before trial.The authors consider current trends involving ROFRs in oil and gas agreements, and how they believe the law and legal practice surrounding ROFRs might continue to evolve in the years to come. The authors do not attempt to rehash the fundamentals of the law surrounding ROFRs; instead, they focus on how the courts have dealt with ROFRs in recent cases as well as how corporate lawyers and in-house counsel grapple with ROFRs day-today. The authors utilize the ROFR provisions found in industry standard contracts to analyze outstanding areas of uncertainty as well as what lawyers should contemplate prior to including a ROFR in an agreement. Additionally, the article examines the implications of recent rulings on the duty of good faith that may affect ROFRs. Finally, the article considers selected subjects of topical interest, including ROFRs in the context of busted butterfly transactions, insolvency proceedings, and package deals.


2019 ◽  
Vol 2019 (4) ◽  
pp. 160-175
Author(s):  
Anna Popova

The author studies environmental insurance in nature management as a lever of management measures to prevent and eliminate environmental pollution by oil products during their transportation and oil fields development. The research aims to develop recommendations for environmental risks insurance in Russian oil and gas industry on the basis of economic and mathematical model that allows to estimate the scale of environmental pollution by oil products. Such methods as system and comparative analysis, expert assessments, forecasting, modeling used in this work helped the author to identify Russian environmental insurance features; to propose a method for solving the problem concerning the lack of statistical data on the frequency and scale of accidents and the environmental damage magnitude by mathematical modeling of the accident, which allows to estimate the radius and depth of the underlying surface pollution. These developments will help insurers to make more adequate insurance premiums and tariffs, as well as to improve the underwriting procedure for unique oil and gas projects. But in order for the obtained achievements to find their application, it is necessary to have legislation obliging oil companies to compensate for environmental damage, and due to the scale of such damage, oil companies will be obliged to insure the relevant risks.


1969 ◽  
pp. 288
Author(s):  
Richard H. Bartlett

"The oil and gas industry is not law unto itself and must operate within the strictures of the general principles of the law of contract and property." Within this framework, the author examines typical terms and conditions of Joint and Unit Operating agreements with view to discerning the nature of the operators' rights and remedies as against defaulting non-operator. Inadequate safeguards within the agreements and inequitable remedies at law are found to exist causing the author to make recommendations as to the drafting of agreements and the enactment of statutory provisions to improve this disadvantageous position.


2009 ◽  
Vol 49 (2) ◽  
pp. 591
Author(s):  
Brent Steedman

The oil and gas industry is facing a period of major transition as national oil companies (NOCs) improve their operating capabilities and change their investment models KPMG’s Global Oil and Gas Centre of Excellence has commissioned a report which analyses this changing environment, interviews senior executives from major NOCs to understand their views and offers our insights into emerging issues for the oil and gas industry. NOCs are moving outside their national boundaries, partially privatising their assets and demanding more from potential partners and investors. The key findings from this survey are as follows: the growing capabilities of NOCs the definite shift from the use of ownership to service contracts; the success of service companies; international oil companies are responding to the changing landscape; and, investment in people and skills is a top NOC priority. The potential impact of the above findings on the Australian oil and gas sector are significant, and include: reduced access to international service companies; shortage of skills increased opportunities for Australian service companies; and, increased focus by international oil companies on upstream opportunities in Australia. KPMG’s report was prepared during a period of rising oil prices. Even during the current period of price volatility, the majority of findings continue to be relevant for participants in the oil and gas industry.


2021 ◽  
Author(s):  
Ahmad Naufal Naufal ◽  
Samy Abdelhamid Samy ◽  
Nenisurya Hashim Nenisurya ◽  
Zaharuddin Muhammad Zaharuddin ◽  
Eddy Damsuri Eddy ◽  
...  

Abstract Equipment failure, unplanned downtime operation, and environmental damage cost represent critical challenges in overall oil and gas business from well reservoir identification and drilling strategy to production and processing. Identifying and managing the risks around assets that could fail and cause redundant and expensive downtime are the core of plant reliability in oil and gas industry. In the current digital era; there is an essential need of innovative data-driven solutions to address these challenges, especially, monitoring and diagnosis of plant equipment operations, recognize equipment failure; avoid unplanned downtime; repair costs and potential environmental damage; maintaining reliable production, and identifying equipment failures. Machine learning-artificial intelligence application is being studied to develop predictive maintenance (PdM) models as innovative analytics solution based on real-data streaming to get to an elevated level of situational intelligence to guide actions and provide early warnings of impending asset failure that previously remained undetected. This paper proposes novel machine learning predictive models based on extreme learning/support vector machines (ELM-SVM) to predict the time to failure (TTF) and when a plant equipment(s) will fail; so maintenance can be planned well ahead of time to minimize disruption. Proper visualization with deep-insights (training and validation) processes of the available mountains of historian and real-time data are carried out. Comparative studies of ELM-SVM techniques versus the most common physical-statistical regression techniques using available rotating equipment-compressors and time-failure mode data. Results are presented and it is promising to show that the new machine learning (ELM-SVM) techniques outperforms physical-statistics techniques with reliable and high accurate predictions; which have a high impact on the future ROI of oil and gas industry.


1972 ◽  
Vol 10 (3) ◽  
pp. 431
Author(s):  
A. R. Thompson

This is the first of three papers presented at the Tenth Annual Research Seminar on the special problems of the oil and gas industry in the Canadian Arctic. The paper examines the background to the industry's participation in the Arctic, the special problems of the Arctic environment, and the jurisdictional and administrative framework in the Yukon Territory, the Northwest Territories and the Northern offshore areas. In discussing the Arctic environ ment and legislation, the paper raises the question of whether or not there is new environmental law, and suggests that there is new environmental law taking shape which consists of demands for public participation in, and for broad range of inquiry with respect to, the decision making processes in modern society.


2013 ◽  
Vol 1 (2) ◽  
pp. 379-409 ◽  
Author(s):  
Gabriel Eckstein ◽  
Jesse Snyder

Tension among competing interests is nothing new in environmental law. Even among the most tenacious adversaries, the ability to find common ground can serve as an impetus to further the aims of both industry and environmental proponents. Broadly speaking, advocates of the oil and gas industry prefer few restraints, if any, on exploration, development, and production. Comparatively, champions of biological and ecological preservation favor regulatory protections to conserve these interests. Cutting across these often disparate objectives, the Endangered Species Act (ESA) presents a not-so-obvious opportunity for both sides to receive a share of the pie through cooperation and forward planning. This Paper proffers the notion that where concerns over the survival of a species may impede oil and gas activities, proactive cooperation, planning, and compromise within the ESA process can present both industry and environmentalists with a winning outcome. The Paper first provides background information on the ESA and describes its chief statutory mechanics. Next, the Paper discusses recent ESA developments that are particularly relevant to the oil and gas industry and focuses on the cooperative effort related to the Dunes Sagebrush Lizard and pursued by the oil and gas industry, private landowners, state officials in Texas and New Mexico, and environmental organizations. Finally, the Paper reviews pending ESA issues and offers recommendations for private and public stakeholders facing ESA challenges.


1970 ◽  
Vol 8 (2) ◽  
pp. 250
Author(s):  
Maurice J. Sychuk

Although legal problems of oil and gas production are governed by general principles of the law of property, contracts, torts, etc., there are certain situations in the oil and gas industry where these rules do not quite fit, and if they do fit, their application is so strained that the rule becomes a special rule, and becomes a part of that separate body of law referred to as oil and gas law. Damages for breach of an express drilling covenant is such an area. This article distinguishes a covenant to drill a well from a covenant to protect against drainage and from a covenant of reasonable development, discusses the four rules that have been used by the courts in assessing damages for breach of a covenant to drill a well, analyzes the Canadian decisions on breach of a covenant to drill a well and concludes that, in a situation where the plaintiff and the defendant both have an interest in the property on which the well is to be drilled, the Canadian courts will grant damages for breach of a covenant to drill a well on the basis of the loss of royalty rule and on the basis of the loss of market value rule.


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