WWW.LEXPERT.CA
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2017
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LEXPERT 23
Hunter, QC, Clarke Norton Rose Fulbright Canada LLP
(403) 267-8292 clarke.hunter@nortonrosefulbright.com
Mr. Hunter has represented clients in domestic and international arbitrations
and mediations. He has acted on a broad range of subject matters, including
Aboriginal (government side), contractual and joint venture, fiduciary duties, oil
and gas, corporate securities, director and officer liability, shareholder remedies,
professional negligence, product liability, intellectual property and tax.
Hull, Robert G.S. Gowling WLG
(416) 369-7313 robert.hull@gowlingwlg.com
Mr. Hull is a partner in Gowling WLG's Toronto office specializing in institutional
Fund Formation for infrastructure and real estate funds, representing both
managers/sponsors and institutional investors. He serves many enterprises
active in the Canadian energy sector, specifically in their financing, growth
activities, new business development and governance.
Hughes, QC, Terrance M. Norton Rose
Fulbright Canada LLP (403) 267-8117
terry.hughes@nortonrosefulbright.com
Mr. Hughes practises primarily in the area of energy and resources, but also
focuses on the regulatory area. He has over 35 years of experience in the energy
project development, joint venture, marketing and regulatory fields. He also
frequently appears as counsel before the National Energy Board. Mr. Hughes has
represented the proponents of various NEB pipeline projects.
Hudec, Albert J. Farris, Vaughan, Wills & Murphy LLP
(604) 661-9356 ahudec@farris.com
Mr. Hudec's energy law practice focuses on legal issues relating to the BC
LNG liquefaction and associated upstream and natural gas pipeline industries,
wind power and run-of-river hydro projects and alternative energy technologies;
including acquisitions, financing, contracting, regulatory and Aboriginal issues.
He is an experienced practitioner with a depth of understanding on energy
law issues.
Holder, Faithe H. Gowling WLG
(416) 369-7113 faithe.holder@gowlingwlg.com
Ms. Holder is a partner in the firm's Real Estate, Environmental and Urban
Development Department, based in the firm's Toronto office. She focuses her
practice in infrastructure/P3, commercial real estate and construction law.
Herman, Michael Gowling WLG
(416) 369-7281 michael.herman@gowlingwlg.com
Mr. Herman is an M&A partner and strategic advisor. He acts for a wide range
of clients, including entrepreneurial, privately held companies and mid-market
investment and financial institutions.
LEXPERT-RANKED LAWYERS
2009 and 2015, according to Vox magazine,
Trump texted about his climate change skepticism
115 times on Twitter. As president, he has done
much more: he signed an executive order approv-
ing the Obama-delayed Keystone XL pipeline;
placed a similarly-minded administrator in charge
of the Environmental Protection Agency; and, go-
ing against the global grain, pulled the US out of
the Paris Agreement on climate in June.
Meanwhile, Canada's government and many
of its provinces, including Alberta, BC and On-
tario, have brought more stringent environmental
policies and regulations to bear on their oil and gas
industries. "It is a fascinating time, for sure," says
Warrier, a partner and head of oil and gas private
mergers and acquisitions at Bennett Jones LLP in
Calgary. "From the oil and gas perspective, there
is obviously a lot going on in the policy and regu-
latory front, both north and south of the border."
North of the border, to name a few develop-
ments, are Canada's climate-change plan, which
will put a minimum price on carbon emissions
in 2018, and Alberta's $20-per-tonne carbon tax
and oil sands green-house gas (GHG) emissions
cap. en, aside from other provinces' regulatory
measures, there have been the Supreme Court of
Canada's rulings in July reaffirming and clarifying
the duty of companies to consult with Aboriginal
groups when it comes to resource development. In
Clyde River v. Petroleum Geo-Services, 2017 SCC
40, the court writes, "Where the regulatory pro-
cess being relied upon does not achieve adequate
consultation or accommodation, the Crown must
take further measures to meet its duty."
Shiing provincial political landscapes have also
brought environmental policies to the fore. On Au-
gust 10, BC's new NDP government, propped up
in minority power by the Green Party, announced
it was seeking intervenor status and hiring outside
counsel in a legal challenge — along with nearly
two dozen conservation groups and First Nations
communities — to overturn the federal govern-
ment's approval of Kinder Morgan's $7.4-billion
Trans Mountain pipeline project.
Many energy-sector participants see these de-
velopments as damaging to Canada's competi-
tiveness in the global energy marketplace. Perrin
Beatty, President of the Chamber of Commerce of
Canada, put it in a letter to Canadian premiers this
past July, asking Prime Minister Trudeau to find
ways to help business offset the cost of intensified
regulatory burdens. Not doing so, warned Beatty,
would seriously undermine Canada's competitive-
ness. He added that the "concern becomes even
more substantial when we see the determination
of the US administration to dramatically cut both
regulation and business taxes in that country."
at widening gap between Canadian and US
energy policy, at least on the face of it, seems to
