Lexpert Special Editions

Special Edition on Energy -Nov 2015

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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Lawrence, Bruce A. Borden Ladner Gervais LLP (403) 232-9597 blawrence@blg.com Mr. Lawrence's practice focuses on the oil & gas sec- tor, both on and offshore. His experience includes seismic acquisition through explora- tion and on to development, production and transporta- tion, JVs and operating agreements, M&A and take-over bids. Lenz, QC, Kenneth T. Bennett Jones LLP (403) 298-3317 lenzk@bennettjones.com Mr. Lenz assists clients in managing issues related to corporate insolvency. He also has significant experience in special situations involving corporate and shareholder disputes, class proceedings and claims against directors and officers. Lewis, Gregory D. Bull, Housser & Tupper LLP (604) 641-4923 gdl@bht.com Mr. Lewis, who Chairs the firm's Business Department, focuses on commercial transactions and financings in energy, infrastructure and other sectors. His experience includes hydro, co-genera- tion and LNG projects and public-private partnerships. Lefebvre, David R.J. Gowling Lafleur Henderson LLP (403) 298-1978 david.lefebvre@gowlings.com Mr. Lefebvre's practice fo- cuses on Canadian and cross- border M&A, private-equity transactions, capital markets, large project and corporate governance matters. He sits on the Securities Advisory Committee of the Alberta Securities Commission. Levin, Jon Fasken Martineau DuMoulin LLP (416) 865-4401 jlevin@fasken.com Mr. Levin, one of Canada's leading busi- ness lawyers, is highly rated by Chambers, Inter- national Financial Law Review,Euromoney, Who's Who Legal, Lexpert® and Best Lawyers, and is named as one of Canada's top 30 dealmakers and leading 500 lawyers. Lieff, Norman B. Norton Rose Fulbright Canada LLP (613) 780-8661 norman.lieff@nortonroseful- bright.com Mr. Lieff 's corporate, com- mercial and real estate practice embraces infrastructure, financing, advice to financial institutions, securitization, acquisition and sales, liens, mortgages, franchising and personal property security matters. ENVIRONMENTAL REGULATION | 29 "While the attempt at an omnibus ap- proval was appreciated by developers, the appeal rights on such an approval are so broad, and the applicable tribunal so will- ing to hear and re-hear arguments about the environment and human health, the end result has been disappointing. Oppo- nents have been forced to fit their objec- tions to a project within the environmental framework, and developers have been faced with no choice but to pay for expensive ex- perts to explain how their projects will not cause serious impacts to human health or the environment." In another trend, Atcheson says "it ap- pears that First Nations and environmen- tal law has never been more closely inter- twined." e process to obtain an approval under environmental laws, he says, "gener- ally includes assuming the obligations of the I think, by the United Nations Climate Change Conference in Paris later this year." In assessing the impact of environmental law on energy, Aaron Atcheson, Co-Chair of Miller omson LLP's Projects Group, which focuses on energy and infrastructure projects across Canada, highlights a pair of developments in the sector that can result, he says, in a significant increase in time and money necessary for energy projects to meet environmental law burdens. Both of these developments focus on "process," he says, with the first involving a "flip" from decades past. "Years ago, those having environmental concerns about a project would have to fit their objections within a framework intended to address issues like the health of fisheries or naviga- tion of waterways. Now that there's mature environmental legislation across the coun- try, the problem seems that, in many cir- cumstances, only environmental concerns are addressed under permitting and other approval/assessment processes." For example, Atcheson, who is in Miller omson's London, Ontario, office, says under the changes to various legislation enacted under Ontario's Green Energy Act, once an environmental permit is secured a municipality no longer has the right to re- strict the use of a property for the project through zoning by-law restrictions.

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