Canada
Does the US have a delegation problem?
A comparison of US and Canadian environmental law indicates perhaps not
One of the big cases at the end of this year’s Supreme Court term was Gundy v. United States, where four justices signaled they were open to reviving a long dormant doctrine, the non-delegation doctrine, to constrain open-ended delegations of authority from Congress to Executive Branch agencies. There’s been various prognostications as to whether the …
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CONTINUE READINGTrump Administration Announces Revisions of NAFTA with Strengthened Environmental Provisions
Revised Environmental Obligations in Preliminary Agreement With Mexico Appear to Track Environmental Chapter of Trans-Pacific Partnership
The Office of the U.S. Trade Representative (USTR) has just announced that it reached preliminary agreement with Mexico for a renegotiated NAFTA. The 24-year old trade agreement between Mexico, Canada, and the U.S. was a major topic during the 2016 presidential campaign and has been a centerpiece of USTR activity in the Trump administration. The …
CONTINUE READINGClimate Policy Canadian-Style
Canada is setting a great example to its southern neighbor.
Despite our geographic proximity and close economic ties, Canada doesn’t get a lot of press attention in the U.S. But unknown to many, Canada has been taking aggressive steps forward in climate policy. Prime Minister Justin Trudeau rejected Trump’s decision in no uncertain terms: We are deeply disappointed that the United States federal government has …
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CONTINUE READINGA Little Quieter, Please
Hollywood Stars Might Not Be the Best Public Critics of the Fossil Fuel Industry
Canada’s new Liberal government can hardly be accused of being soft on climate change: at the recent Paris Summit it endorsed a target of holding global warming to 1.5 Degrees Celsius over historic levels. So when you hear this from Prime Minister Justin Trudeau, listen: Most recently in Davos on Wednesday, [Leonardo] DiCaprio used a …
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CONTINUE READINGWhy Alberta’s Carbon Tax Matters
Combating Climate Change Will Require Reversing Three-Decade Trend of Political Economy
While Americans were preparing for our Thanksgiving, in the Great White North, a major new development occurred: the NDP (i.e. Social Democratic) government in Alberta — Canada’s major energy-producing province — announced an economy-wide carbon tax starting in 2017 and a cap on emissions from oil sands. This would be an aggressive move anywhere in the …
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CONTINUE READINGDon’t Blame Canada Anymore
Climate Policy Triumphs Over South Park in New Trudeau Government
We Americans tend to think of Canadians as nice, friendly, well-intentioned folk, a little more left-of-center than the US — sort of what Blue America would be if it didn’t have to deal with the south. For the last 10 years, though, that has been anything but true: the Conservative government of Stephen Harper brought …
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CONTINUE READINGPolitical systems and environmental law
The other day I posted about Australia’s repeal of its carbon tax. Australia is not the only country that is going through some retrenchment in environmental law. In Canada, the government made some substantial alterations to the requirements for environmental review for government projects (reducing the scope of the requirement and limiting it to certain …
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CONTINUE READINGStill More About the Keystone XL Pipeline
I am opposed to the construction of the Keystone XL pipeline. Nonetheless, I find myself somewhat in disagreement with my blogging neighbor Jonathan Zasloff on this one, and somewhat in agreement with Joe Nocera. Yes, as Nocera argues, as long as there is demand for oil, energy producers will keep looking for new supplies to …
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CONTINUE READINGHow Not to Write About Keystone XL
I’ve always liked the work of New York Times columnist Joe Nocera, ever since his days as an investigative reporter for the Texas Monthly. He doesn’t come to a topic with an axe to grind, and tries to see through the cant. But I think he just got snookered. In Nocera’s recent column on the …
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CONTINUE READINGThe True North Strong and Dumb
A few months ago, Rhead set a Legal Planet record for attracting comments: 33 (mostly hostile) reactions on a relatively straightforward post about how Canada had achieved the gold medal for “fossilhood”, i.e. most antagonistic to a climate treaty. Well, it appears as if Rhead has understated the matter: Federal Conservatives are downplaying concerns over …
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