Category Archives: Other Lawsuits

CAPP blew the whistle. Any courageous whisteblowers at AER & Encana? Origin Energy denies massive cover-up after accusation in explosive lawsuit by company whistleblower, Sally McDow, lawyer and senior compliance manager

Snap of photo from the print article linked below. Canadian Association of Petroleum Producers: Coal bed methane operations contaminate water resources by The Calgary Herald, August 28, 2014 Yet CAPP’s Alex Ferguson says many worries about water quality are based on past operations … Continue reading

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Federal Judge: Lockers’ Pavillion water contamination case against Encana can go to trial. Jeff and Rhonda Locker: “They’ve dragged us through the mud long enough. I’ve got the fight on now”

Judge: Fracking contamination case can go to trial by Benjamin Storrow, January 3, 2017, E&E News A Wyoming family who claim a natural gas company contaminated their drinking water will be allowed to take their case to trial, a federal judge … Continue reading

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Plaintiff awarded special costs in 5-year B.C. libel suit. “People beginning to realize the damage this can cause innocent people…the courts are finally taking a position on it.” But, not in Ernst vs AER where Chief Justice Niel Wittmann ordered Ernst to pay costs after AER’s outside counsel Glenn Solomon defamed Ernst in AER’s Application to Strike

‘Fake news on trial’: Plaintiff awarded special costs in five-year B.C. libel suit by Dan Fumano, December 31, 2016, Vancouver Sun Fake news can have real consequences — and, as a B.C. court heard this week, it can lead to … Continue reading

Posted in Other Lawsuits | Comments Off on Plaintiff awarded special costs in 5-year B.C. libel suit. “People beginning to realize the damage this can cause innocent people…the courts are finally taking a position on it.” But, not in Ernst vs AER where Chief Justice Niel Wittmann ordered Ernst to pay costs after AER’s outside counsel Glenn Solomon defamed Ernst in AER’s Application to Strike

Canada: Judge doesn’t wait for trial, Rules doctor caused infections, issues summary judgement – without full hearing. Compare to Ernst lawsuit being dragged out year after year after year, merely on preliminary motions, with Alberta courts ruling AER is legally immune, even for acts in gross negligence & bad faith, owes harmed Albertans “no duty of care.”

Judge doesn’t wait for trial, may have set class-action precedent, in finding doctor caused spinal infections by Tom Blackwell, December 12, 2016, National Post Dr. Stephen James gave at least six of his patients serious infections while performing epidurals like … Continue reading

Posted in Other Lawsuits | Comments Off on Canada: Judge doesn’t wait for trial, Rules doctor caused infections, issues summary judgement – without full hearing. Compare to Ernst lawsuit being dragged out year after year after year, merely on preliminary motions, with Alberta courts ruling AER is legally immune, even for acts in gross negligence & bad faith, owes harmed Albertans “no duty of care.”

UK: Councillor wins right to mount High Court challenge over ‘unlawful’ fracking licence in Cheshire; Court placed £5,000 cap on legal costs Mr. Dean will have to pay personally if he loses because he’s trying to protect the environment from frac’ing & drilling harms

Challenge over ‘unlawful’ fracking licence in Cheshire by BBC News, December  15, 2016 IGas Energy is drilling in search of fossil fuels which could potentially lead to fracking An environmental campaigner has won the right to mount a High Court … Continue reading

Posted in Global Frac News, Other Lawsuits | Comments Off on UK: Councillor wins right to mount High Court challenge over ‘unlawful’ fracking licence in Cheshire; Court placed £5,000 cap on legal costs Mr. Dean will have to pay personally if he loses because he’s trying to protect the environment from frac’ing & drilling harms

New Mexico Supreme Court revives 1999 Shell Oil soil & aquifer contamination case that caused rash of illnesses; Found lower courts erred in preventing harmed residents from introducing scientific evidence and expert testimony at trial

New Mexico court ruling revives oil contamination case by Susan Montoya Bryan, Associated Press, March 4th, 2016 ALBUQUERQUE, N.M. — More than 200 current and former residents who claim decades of oil and gas operations led to contamination that spurred a … Continue reading

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Justice understood? Or are some lawyers and the Canadian Bar Association wanting to silence the many Canadians concerned with the serious access to justice problems in Canada?

Justice understood by Justin Ling, Fall 2016, The Canadian Bar Association National Magazine, The Power of Perspectives Social media has intensified public scrutiny over the work of our courts. But with so much misinformation out there, is it time for the … Continue reading

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Clerking at Canada’s highest court

Clerking at Canada’s highest court by Corey Laroque, Fall 2016, The Canadian Bar Association National Magazine, The Power of Perspectives The mentor: Owen Rees, lawyer at Conway Baxter Wilson in Ottawa and former executive legal officer to the Chief Justice … Continue reading

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Another Alberta farm family poisoned by the oil and gas industry, and their Alberta lawyer Kieth Wilson, settle & gag & betray the public interest: The Sakens settle with Bonavista Energy after area aquifer and farm at Edson contaminated with toxic chemicals. Where’s the AER? Where’s the punitive fine? Where’s Alberta’s Energy Minister? On another cushy trip to China with Encana?

Keep in mind that Lonnie Saken works for Bonavista: *** “This is a government of the people, by the people and for the people no longer. It is a government of corporations, by corporations, and for corporations.” RUTHERFORD B. HAYES *** … Continue reading

Posted in Global Frac News, Other Lawsuits | Comments Off on Another Alberta farm family poisoned by the oil and gas industry, and their Alberta lawyer Kieth Wilson, settle & gag & betray the public interest: The Sakens settle with Bonavista Energy after area aquifer and farm at Edson contaminated with toxic chemicals. Where’s the AER? Where’s the punitive fine? Where’s Alberta’s Energy Minister? On another cushy trip to China with Encana?

AER issues another order against Bonavista Energy Corporation for contaminating drinking water aquifers and soil near Edson with sulfolane. Where did the Sakens go? Did they settle & gag?

 AER Order against Bonavista for contaminating drinking water supply near Edson with sulfolane by Don Weleschuk, Acting Director, Closure and Liability, November 8, 2016, Alberta Energy Regulator Under section 113 of the Environmental Protection and Enhancement Act Colin Hennel, Manager, Environment … Continue reading

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Kiskadden will appeal to Pa. Supreme Court: Appeals Court Won’t Revive Claims Drilling by Range Resources Damaged Kiskadden’s Water Well, Even with damning evidence of frac tracers in Kiskadden’s water. Case to be appealed to Pa Supreme Court, Lawyers providing their services ‘pro bono’ throughout the lengthy process

Gas drilling contamination case could go to State Supreme Court by Don Hopey, November 3, 2016, Pittsburgh Post-Gazette Loren “Buzz” Kiskadden will appeal a Pennsylvania Commonwealth Court ruling that takes to task the “reckless” drilling operations of Range Resources, but finds the … Continue reading

Posted in Global Frac News, Other Lawsuits | Comments Off on Kiskadden will appeal to Pa. Supreme Court: Appeals Court Won’t Revive Claims Drilling by Range Resources Damaged Kiskadden’s Water Well, Even with damning evidence of frac tracers in Kiskadden’s water. Case to be appealed to Pa Supreme Court, Lawyers providing their services ‘pro bono’ throughout the lengthy process

Supreme Court of Canada clears Gabriel Nadeau-Dubois of contempt charges. After four years of legal process: “One of the things that I’ve learned…is we have a problem in Quebec and Canada, in terms of access to the justice system.”

Bravo Gabriel Nadeau-Dubois for working so long and hard to protect Canadians’ Charter right to freedom of expression! Supreme Court of Canada Judgement 36351 Jean-François Morasse c. Gabriel Nadeau-Dubois – et – Association canadienne des libertés civiles, Alberta Public Interest Research … Continue reading

Posted in Other Lawsuits | Comments Off on Supreme Court of Canada clears Gabriel Nadeau-Dubois of contempt charges. After four years of legal process: “One of the things that I’ve learned…is we have a problem in Quebec and Canada, in terms of access to the justice system.”

Canadian gov’t appoints five judges to Alberta’s Court of Queen’s Bench, moves two to Court of Appeal, leaving in total twenty more judges needed for Alberta

Six seats were vacant on Alberta’s Court of Queen’s Bench. Five judges were appointed to it today, but two from the court were moved up to Alberta Court of Appeal, leaving a total of only three actually added to Court of Queen’s … Continue reading

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AER Redwater Appeal: Will the courts protect the rich, make ordinary Canadians pay for industry’s abandoned oilfield messes? Alberta Court of Appeal to decide who will pay for Redwater’s abandoned wells after bankruptcy (using the law to intentionally avoid responsibility after years of profit-taking?)

A bit of background: 2016 09 22: Is AER vs Redwater worsening cleanup of abandoned oil and gas wells in Alberta, BC and Sasktchewan? Did AER file the lawsuit intentionally to set legal precedent and dump clean up costs on … Continue reading

Posted in Global Frac News, Other Lawsuits | Comments Off on AER Redwater Appeal: Will the courts protect the rich, make ordinary Canadians pay for industry’s abandoned oilfield messes? Alberta Court of Appeal to decide who will pay for Redwater’s abandoned wells after bankruptcy (using the law to intentionally avoid responsibility after years of profit-taking?)

Justice delayed, justice denied, in Alberta’s dysfunctional court system: “Trial delays like this aren’t just unfair. They’re absurd. They make us look like a banana republic. And they undermine public confidence in the rule of law itself.”

Paula Simons: Justice delayed, justice denied, in Alberta’s dysfunctional court system by Paula Simons, October 12, 2016, Edmonton Journal Mason Tex Montgrand was 21. Originally from La Loche, Sask., he was a member of a notorious Saskatchewan gang, the Scorpion Brothers. He … Continue reading

Posted in Other Lawsuits | Comments Off on Justice delayed, justice denied, in Alberta’s dysfunctional court system: “Trial delays like this aren’t just unfair. They’re absurd. They make us look like a banana republic. And they undermine public confidence in the rule of law itself.”

Chinchilla, Queensland: DEHP expands contamination testing of poisonous gases in Hopeland

DEHP expands contamination testing in Hopeland by Chinchilla News, 13th Oct 2016 THE Department of Environment and Heritage Protection has begun a second phase of testing in and around Hopeland to better understand the extent of contamination from Linc Energy’s … Continue reading

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Retiring Supreme Court of Canada Justice Thomas Cromwell turns focus to pursuing a more accessible civil and family legal system. “There is a serious access to justice problem in Canada.” … “Various court workers were of the view that the ‘civil system [is] … very much open to abuse by those with more money at their disposal.'”

‘Used judge: high mileage, no warranty’ Justice Thomas Cromwell, on retiring from the Supreme Court, fashions a Kijiji ad by Mackenzie Scrimshaw, September 24th, 2016, ipolitics Although he officially retired on September 1, Cromwell says he’s still “very engaged” in 14 judgments — … Continue reading

Posted in Other Lawsuits | Comments Off on Retiring Supreme Court of Canada Justice Thomas Cromwell turns focus to pursuing a more accessible civil and family legal system. “There is a serious access to justice problem in Canada.” … “Various court workers were of the view that the ‘civil system [is] … very much open to abuse by those with more money at their disposal.'”

New frac low? Official Oppression: Pennsylvania oil & gas lobby group ponders criminal prosecution against officials that vote against fracing or waste injection. Illustrates “the sense of privilege and entitlement” (and contempt?) companies have for communities they try to “bully into submission.”

[Refer first to: 2013 12 20: VICTORY! Pennsylvania Supreme Court Says It’s Unconstitutional For Gas Companies To Frack Wherever They Want; Act 13, Gas Industry Takeover Law thrown out by State’s Highest Court “By any responsible account,” Chief Justice Castille … Continue reading

Posted in Global Frac News, Other Lawsuits | Comments Off on New frac low? Official Oppression: Pennsylvania oil & gas lobby group ponders criminal prosecution against officials that vote against fracing or waste injection. Illustrates “the sense of privilege and entitlement” (and contempt?) companies have for communities they try to “bully into submission.”

After paying $1.6 million fine, ExxonMobil to pay $12 million settlement to Montana, US for oil spill affecting 85 miles of Yellowstone River. What will Husky Pay for spill affecting over 300 miles of river in Canada? Nothing, as usual? After treating spill-poisoned James Smith Cree Nation abysmally, Husky’s oil-sniffing dogs find evidence of oil, then Husky quickly compensates (and gags?) James Bay Cree First Nation

Husky Energy compensates Saskatchewan First Nation for oil spill by The Canadian Press, October 3, 2016, The Calgary Herald A Saskatchewan First Nation has received compensation from Husky Energy due to damage from its oil spill in July. Husky spokesman Mel Duvall … Continue reading

Posted in Other Lawsuits | Comments Off on After paying $1.6 million fine, ExxonMobil to pay $12 million settlement to Montana, US for oil spill affecting 85 miles of Yellowstone River. What will Husky Pay for spill affecting over 300 miles of river in Canada? Nothing, as usual? After treating spill-poisoned James Smith Cree Nation abysmally, Husky’s oil-sniffing dogs find evidence of oil, then Husky quickly compensates (and gags?) James Bay Cree First Nation

Drilling through danger Chapters 2 & 3: Oil & gas industry’s practice of farming out work can have deadly consequences, client legal immunity prevents many injured from suing, even when fault is clearly the client’s

Colorado’s workers’ comp rules complicate accountability, “Exclusive remedy” provision gives companies immunity from lawsuits by John Ingold, September 26, 2016, The Denver Post On the first day of Von Phathong’s trial against drilling company Tesco, his attorney left little doubt about who … Continue reading

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Big Legal Victory in Pennsylvania: Supreme Court rules 2012 law unfairly gave frackers illegal “special” treatment; Declares Act 13 an unconstitutional “special law” benefiting specific groups or industries, including its “physician gag order” restricting health-care professionals from getting information about chemicals that could harm their patients

A few of the comments Bob Donnan7 hours ago The citizens of Pennsylvania owe a huge debt of gratitude to those who fought long and hard for the rights of all Pennsylvanians in the bold face of industry and political … Continue reading

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Alberta Provincial Court Chief Judge Terrence Matchett: “Justice delayed truly is justice denied.” Wait time for civil cases reaching trial in Alberta can take 2.7 years. Ernst case is in its 9th year with Ernst still waiting to find out if she can start her lawsuit against AER for violating her Charter rights

Top Alberta judges condemn trial delays, demanding Parliament acts to fill vacancies on the bench by Bill Kaufmann, September 28, 2016, Calgary Herald Alberta’s chief judges decried growing trial delays Wednesday, saying they need more help on the bench. Members of a … Continue reading

Posted in Other Lawsuits | Comments Off on Alberta Provincial Court Chief Judge Terrence Matchett: “Justice delayed truly is justice denied.” Wait time for civil cases reaching trial in Alberta can take 2.7 years. Ernst case is in its 9th year with Ernst still waiting to find out if she can start her lawsuit against AER for violating her Charter rights

Is AER vs Redwater worsening cleanup of abandoned oil and gas wells in Alberta, BC and Sasktchewan? Did AER file the lawsuit intentionally to set legal precedent and dump clean up costs on taxpayers to enhance profits for oil and gas companies?

An Alberta court case is boosting environmental clean-up costs in other provinces by Dan Healing, The Canadian Press, September 22, 2016, Calgary Herald Companies buying energy assets in Saskatchewan and British Columbia are facing higher deposit costs for environmental remediation after a … Continue reading

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Peru: Goldman Prize winner Máxima Acuña and husband attacked, severely injured by Newmont Mining Corp security guards; Newmont accused of grossly violating Peruvian landowners’ rights

Peru: Maxima Acuña and Partner Attacked by Mining Firm’s Guards by telSUR, September 18, 2016 Peru’s internationally-renowned environmentalist Maxima Acuña and her partner were severely hurt Sunday morning in an attack by alleged hitmen hired by the mining company they are … Continue reading

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International Criminal Court (ICC) to include environmental destruction cases, Hague court will prosecute government and individuals for environmental crimes, “Today’s announcement should send a warning shot to company executives and investors that the environment is no longer their playground.”

ICC widens remit to include environmental destruction cases, In change of focus, Hague court will prosecute government and individuals for environmental crimes such as landgrabs by John Vidal and Owen Bowcott, September 15, 2016, The Guardian Environmental destruction and landgrabs could lead to … Continue reading

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Queensland’s environmental regulator charges Linc Energy CEO Peter Bond with three indictable offences, If convicted, could face fines or jail time. Linc, in liquidation, faces five charges of willfully and unlawfully causing serious environmental harm. When will Encana be charged for willfully and unlawfully frac’ing and contaminating Rosebud’s drinking water aquifers?

Linc CEO charged with environmental breaches, If convicted, Mr Bond could face a fine of more than $310,000 per offence, or even jail time by The Australian, September 15, 2016 Queensland’s environmental regulator has filed a complaint and summons against the founder … Continue reading

Posted in Global Frac News, Other Lawsuits | Comments Off on Queensland’s environmental regulator charges Linc Energy CEO Peter Bond with three indictable offences, If convicted, could face fines or jail time. Linc, in liquidation, faces five charges of willfully and unlawfully causing serious environmental harm. When will Encana be charged for willfully and unlawfully frac’ing and contaminating Rosebud’s drinking water aquifers?

Insurer Lloyd’s Wins Right to Fight New Dominion Lawsuit in N.Y. Over Oklahoma Quake Coverage; Lloyds refusing to pay damages claiming water and chemicals injected for fracing doesn’t qualify as pollution

Lloyd’s Wins Right to Fight in N.Y. Over Oklahoma Quake Coverage by Robert Burnson, September 09, 2016, The Washington Post with Bloomberg Lloyd’s of London has kept its lawsuit against New Dominion LLC over fracking out of the state where … Continue reading

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U.S. judge orders Teck Resources to pay aboriginal group $8.25-million

U.S. judge orders Teck Resources to pay aboriginal group $8.25-million by Sunny Dhillon, August 25, 2016, The Globe and Mail Vancouver-based Teck Resources Ltd. says it is “reviewing the implications” after a U.S. judge ruled it must pay an aboriginal group … Continue reading

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Anticosti mayor applying for UNESCO heritage designation. Court orders Quebec to continue financing Petrolia’s Anticosti fracking operations, Orders monthly payments to Petrolia must continue to prevent job losses

Anticosti mayor applying for UNESCO heritage designation, The island’s mayor will submit an application for ‘Galapagos of the north’ by CBC News, Aug 23, 2016 Related Stories Philippe Couillard says he’s ready to pull plug on Anticosti oil, gas exploration Court orders Quebec … Continue reading

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BARRISTERS’ BRIEFS Aspiring to Highest Standards of Civility: Excerpt from speech on importance of civility and truth in legal profession by Alberta Court of Queen’s Bench Chief Justice Neil C. Wittmann

BARRISTERS’ BRIEFS Aspiring to the Highest Standards of Civility by Maureen Killoran [representing Encana in Ernst vs Encana], QC and Anne Kirker, QC, Spring issue 2016, Vol 1, No 41 Law Matters, Canadian Bar Association Alberta Branch With thanks to the … Continue reading

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Alberta Views September 2016 Cover Article: Supreme Court of Canada Chief Justice Beverly McLachlin’s remarkable service. The girl from Pincher Creek Alberta who made Canada more just, Some consider McLachlin the only thing that stood between PM Steve Harper and absolute power

Canada’s Top Judge Supreme Court Chief Justice Beverly McLachlin’s remarkable service by Katherine Ashenburg, September 2016, Alberta Views Print copies available by subscription, in stores and libraries. The wind makes you resilient. You learn to stand up against adversity. … … Continue reading

Posted in Other Lawsuits | Comments Off on Alberta Views September 2016 Cover Article: Supreme Court of Canada Chief Justice Beverly McLachlin’s remarkable service. The girl from Pincher Creek Alberta who made Canada more just, Some consider McLachlin the only thing that stood between PM Steve Harper and absolute power

Groningen gas field induced earthquakes: Did industry intentionally set up their study to be too small so as to escape paying homeowners the billions of dollars in damages the court ordered paid?

TRUST IN DUTCH GAS BOTTOMS OUT ON INVESTIGATION OF EARTHQUAKE REPORT by Janene Pieters, Netherlands Times, Aug 19, 2016 Scientists at TU Delft sharply criticized the conclusions of a study into the risk of earthquake damage to homes and buildings on … Continue reading

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Louisiana’s Sinking Coast Is a $100 Billion Nightmare for Big Oil, The state can’t pay, so someone has to. And the water keeps rising

Louisiana’s Sinking Coast Is a $100 Billion Nightmare for Big Oil, The state can’t pay, so someone has to. And the water keeps rising by Catherine Traywick, August 17, 2016, Bloomberg From 5,000 feet up, it’s difficult to make out where Louisiana’s … Continue reading

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Texas landowners poisoned by “Home Wrecker” Encana get “the law’s garbage can.” Encana gets easy escape, agrees to pay $17,500 for well blowout in Eagle Ford Shale that’s poisoned many

[Refer first to: 2012 11 28: Power of Attorney Calgary managing partner for Osler Hoskin Harcourt, Maureen Killoran, lawyer representing Encana in the Ernst vs Encana lawsuit: And, to be perfectly frank, when you do energy law, as I do, or … Continue reading

Posted in Global Frac News, Other Lawsuits | Comments Off on Texas landowners poisoned by “Home Wrecker” Encana get “the law’s garbage can.” Encana gets easy escape, agrees to pay $17,500 for well blowout in Eagle Ford Shale that’s poisoned many

Jury finds PG & E guilty in 6 of 12 criminal charges for pipeline violations that caused San Bruno explosion, killed 8, destroyed 38 homes and for misleading investigators. In big victory for PG & E, judge cut nearly all of potential $562 million fine to $6M, “Prosecutors made the surprising decision several days into jury deliberations not to pursue a potential $562 million fine if PG&E was found guilty of any of the counts.”

PG&E Guilty Of Misleading Investigators In San Bruno Pipeline Explosion by San Francisco CBS Local, August 9, 2016 A federal jury found California’s largest utility guilty on Tuesday of misleading investigators about how it was identifying high-risk pipelines after a deadly pipeline … Continue reading

Posted in Other Lawsuits | Comments Off on Jury finds PG & E guilty in 6 of 12 criminal charges for pipeline violations that caused San Bruno explosion, killed 8, destroyed 38 homes and for misleading investigators. In big victory for PG & E, judge cut nearly all of potential $562 million fine to $6M, “Prosecutors made the surprising decision several days into jury deliberations not to pursue a potential $562 million fine if PG&E was found guilty of any of the counts.”

Calgary drilling company, Cathedral Energy Services Ltd., settles US $3.4M lawsuit over its American subsidiary not paying workers overtime

Calgary drilling company settles multimillion-dollar lawsuit over unpaid overtime for workers by Reid Southwick, August 9, 2016, Calgary Herald A Calgary drilling company said it will spend up to US3.4 million settling lawsuits filed against its American subsidiary by drillers who … Continue reading

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Chevron Wins Big in $9.5 Billion Ecuador Oil Pollution Case. Steve Donziger, lawyer for harmed Ecuadorians, fails to sway U.S. Court of Appeals that he didn’t act illegally. More appeals ahead

Chevron Wins Big in $9.5 Billion Oil Pollution Case. But It’s Not Over Yet The lawyer for Ecuadorian victims fails to sway a U.S. court that he didn’t act illegally. Now, more appeals in the 23-year-old case by Paul Barrett, … Continue reading

Posted in Other Lawsuits | Comments Off on Chevron Wins Big in $9.5 Billion Ecuador Oil Pollution Case. Steve Donziger, lawyer for harmed Ecuadorians, fails to sway U.S. Court of Appeals that he didn’t act illegally. More appeals ahead

Is Alberta’s “Enron Clause” one of Ralph Klein’s skeletons publicly dangled by Lyle Oberg? E-mails reveal how Alberta’s ‘Enron clause’ was orchestrated

Enmax breaks silence on NDP lawsuit, executive who worked for Enron by Don Braid, August 8, 2016, Calgary Herald City-owned Enmax has hunkered down in public silence since the legal assault from the provincial government began. But with the latest … Continue reading

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Tourism operators and St’át’imc, Xatśūll & T’exelcemc First Nations file lawsuits against Imperial Metals and BC government over harms caused by massive Mount Polley tailings pond dam failure

First Nations launch lawsuit against Mount Polley mine by Simon Little, August 4, 2016, News Talk 980 CKNW Today marks two years since a tailings pond dam at the Mount Polley mine breached, releasing millions of litres of tainted water. Now, … Continue reading

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In Texas, wastewater spills get less scrutiny. In Alberta, do they get any?

Chinese-owned company Sinopec fined $150,000 over Alberta pipeline spill by The Canadian Press, November 7, 2014, The Globe and Mail Two days later, the contractor realized that no water was flowing into a disposal well, despite the fact the well was … Continue reading

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