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Energy Networks and the LawInnovative Solutions in Changing Markets$
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Martha M. Roggenkamp, Lila Barrera-Hernández, Donald N. Zillman, and Iñigo del Guayo

Print publication date: 2012

Print ISBN-13: 9780199645039

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199645039.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 June 2021

Canadian Energy Infrastructure and the Federalist Dilemma

Canadian Energy Infrastructure and the Federalist Dilemma

(p.19) 2 Canadian Energy Infrastructure and the Federalist Dilemma
Energy Networks and the Law

Alastair R. Lucas

Oxford University Press

This chapter is about public regulation in an interjurisdictional setting. It asks whether there are fundamental constitutional federalism constraints that must be taken into account in energy infrastructure development. If so, what is the potential impact of these constraints? For this purpose, case studies of two major Canadian energy infrastructure projects are undertaken. Both involve pipelines — one oil and the other natural gas. If there are federalism constraints that go beyond mere regulatory requirements and process, what arrangements or instruments can be used to mitigate constitutional constraints? Major issues highlighted by the case studies are facilities' approval and regulation, environmental, and socio-economic impacts, including effects on property and aboriginal rights of First Nations.

Keywords:   public regulation, federalism, energy infrastructure development, Canada, pipelines, aboriginal rights, First Nations

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