Climate Change

Lawson Lundell's Climate Change Group assists clients with a broad range of issues relating to the regulation of carbon dioxide equivalent emissions

Members of the group are fully up-to-date on the suite of legislation enacted by the British Columbia government in the Spring of 2008 in response to its 2007 Energy Plan, Alberta’s Climate Change and Emissions Management Act and other provincial and federal legislation. Members of the group are also knowledgeable about the Western Climate Initiative, in which British Columbia is a key participant, and about Kyoto flexibility mechanisms.

British Columbia’s new enabling legislation (the Greenhouse Gas Reduction (Cap and Trade) Act) is expected to implement British Columbia’s commitment to a “cap and trade” system to be established through Western Climate Initiative processes. Businesses that emit greenhouse gases and businesses with opportunities to reduce emissions or capitalize on allowance or offset trading opportunities will need to understand the detailed regulations that will implement the new legislation.

The Province of Alberta has introduced legislation to address greenhouse gas emissions. Since July 2007, industrial facilities that emit more than 100,000 tonnes of greenhouse gases a year have been subject to mandatory reporting requirements and specific emissions intensity reductions. The legislation provides a number of options for industry, which give affected sectors the flexibility to meet their mandatory reductions.

Members of the group practice commercial law and combine experience in commercial and transaction matters with knowledge of this emerging area of legal practice. They also have significant experience with the developing markets for renewable energy credits (RECs), renewable energy and green attributes of renewable generation.

Experience

Lawson Lundell’s experience relating to climate change issues includes:

• Considering legal issues and advising on carbon capture and storage (CCS) and government funding initiatives relating to same
• Advising clients in connection with independent power projects (wind, run of river, biomass)
• Advising a utility with regard to climate change matters and regulatory requirements
• Advising clients with regard to GHG reporting requirements and the role of climate change issues in environmental assessment processes
• Representing clients in the purchase and sale of greenhouse gas credits, renewable energy credits (recs) and environmental attributes to meet both voluntary and mandatory requirements
• Advising on certification requirements for renewable energy as established by Canadian and US verification agencies
• Advising with respect to the application of the Carbon Tax Act (British Columbia)
• Advising a major oil sands developer with respect to regulatory requirements relating to GHGS
• Advising oil sands investors with respect to the implications of federal and provincial GHG emissions requirements on the industry

Team