Category Archives: Case News
Happy Encanada Days: 12 Year Anniversary Encana Violating Ernst’s Legal Right to Quiet Enjoyment of Home and Land
Slide from Ernst presentations The “Best Regulator in the World” AER (then EUB, later ERCB) reduced Encana’s non-compliant noise levels (yellow highlight above) more than 10 decibels (dBA) to make them compliant (refer to EUB letter below) and enable Encana’s … Continue reading
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Ian Jessop interviews Diana Daunheimer and Jessica Ernst on how their frac’d lives and lawsuits might change, or not, with the new Alberta government, the US EPA fracing water contamination report, and AER Chair Gerard Protti
Starts at 5:20 Min. Ian Jessop CFAX Radio Victoria, BC On-air Talk Shows: Phone: 250.386.1161 Email: email hidden; JavaScript is required [Refer also to: CRASHING AN AER BOOZE AND SMOOZE AND GIVING PROTTI (Ex-Encana VP Chair of the AER) A … Continue reading
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Front Page Drumheller Mail: Supreme Court to hear Rosebud fracking appeal
Supreme Court to hear Rosebud fracking appeal by Pat Kolafa, May 6, 2015, DrumhellerMail.com The Supreme Court of Canada has allowed a Rosebud landowner to appeal a decision by the Alberta Courts, and if successful, she will be able to continue … Continue reading
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Alberta Views Feature: Landowner Rights, How Big Oil Trumps Private and Public Good; “Some of us will be unlucky enough to be in the way…and will be called on to sacrifice”
Landowner Rights, How Big Oil Trumps Private and Public Good by Fred Stenson, June 2015, Alberta Views … When a 1960s sour gas plant south of Pincher Creek malfunctioned (the gas literally eating the high-grade steel meant to contain it), families downwind were regularly … Continue reading
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Lap-Dog Journalism. The Collapse of Canadian Democracy. The Mike Duffy Case. Hi-Jacking Your Head. Part Three
Lap-Dog Journalism. The Collapse of Canadian Democracy. The Mike Duffy Case. Hi-Jacking Your Head. Part Three by Robin Mathews, April 2015 Begin – always begin – with the presumption that the conventional Canadian press and media are part of Conservative … Continue reading
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CBC Calgary, The Homestretch, interviews Jessica Ernst on Supreme Court of Canada granting her leave to appeal the Alberta Energy Regulator (AER) violating her charter rights
Hello Jessica, I’ve been sharing the interview you gave on CBC … it’s so great! … http://www.cbc.ca/homestretch/episode/2015/04/30/-listen-el-charrito-review-86/ I know it’s early but do you have any idea when the court date might be set for? [The Lawsuit page will post … Continue reading
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Ian Jessop interviews Jessica Ernst on Supreme Court of Canada granting leave to appeal her case against Alberta Energy Regulator for violating her Charter Rights
Ian Jessop interviews Jessica Ernst on Supreme Court of Canada granting leave to appeal her case against Alberta Energy Regulator for violating her Charter Rights Interview begins at 6:08 Min: Ian asks if Ernst still has the returned (2005) letter … Continue reading
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Landmark Fracking Case Gets a Supreme Court Hearing, Oil patch consultant Jessica Ernst alleges Alberta has intimidated landowners
Burial by the Calgary Herald? Supreme Court to hear case over well said to be contaminated by fracking Click above link gets you: Searching for it, gets you: Who’s on PostMedia’s Board of Directors? Jane Peverett (Director) Ms. Peverett currently … Continue reading
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AER Duty of Care Anywhere? Judge decries chaos, uncertainty around liability of public authorities: “Such a low standard would immunize government from liability in every case of bureaucratic ineptitude, no matter how substandard or damaging the misconduct may be. No court anywhere has set the bar that low.” [Except in Alberta?]
The Ernst #Fracking Litigation: ABQB’s Duty of Care Analysis for ERCB & AEnv in GIF Form #firsttime #readytoflip posted by Martin Olszynski April 12, 2015 Click here or above image to play the Ernst frac case Duty of Care animation The Hill case … Continue reading
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Ian Jessop interviews Jessica Ernst on Encana’s shoddy incomplete mess of a document filing and other matters
… 2015 Is this why Jim Prentice jumped into Alberta politics? Snap above from Prentice’s 2015 austerity slash and burn education and health budget, but give plenty to the oil and gas industry!~ This snap below taken from the … Continue reading
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Fracking criticism spreads, even in Alberta and Texas, Canadian, U.S. studies raise concerns that chemicals used in process make people sick
Fracking criticism spreads, even in Alberta and Texas, Canadian, U.S. studies raise concerns that chemicals used in process make people sick by Michelle Leslie, April 7, 2015, CBC News “It was beautiful up until fracking started,” said Nielle Hawkwood. Nielle and … Continue reading
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Lawyers Accuse Gas Giant of Deficient Records Filing in Fracking Case, Encana disclosure shows ‘disdain for an ordinary Albertan,’ claims counsel for Jessica Ernst
Lawyers Accuse Gas Giant of Deficient Records Filing in Fracking Case, Encana disclosure shows ‘disdain for an ordinary Albertan,’ claims counsel for Jessica Ernst by Andrew Nikiforuk, April 1, 2015, TheTyee.ca Lawyers representing Jessica Ernst in her landmark lawsuit challenging the regulation … Continue reading
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Klippensteins Press Release: Concerns raised regarding EnCana’s “extraordinarily deficient” disclosure of records in Rosebud fracing water contamination case
Concerns raised regarding EnCana’s “extraordinarily deficient” disclosure of records in Rosebud fracing water contamination case by wn.com, March 31, 2015 PRESS RELEASE by Klippensteins (French translation below), March 31, 2015: Concerns raised regarding EnCana’s “extraordinarily deficient” disclosure of records in … Continue reading
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Ian Jessop interviews Jessica Ernst
Ian Jessop interviews Jessica Ernst: Thursday February 12 at 2:00 pm Pacific, 3:00 pm in Alberta CFAX 1070 Starts at 6 Minutes, after the news: Or available for download here, without the news, 19 Minutes (thank you Charlie!)
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Ernst vs Encana in Top 10 Canadian Judicial Decisions in 2014 of Import to the Oil and Gas Industry
2014 IN REVIEW: TOP 10 CANADIAN JUDICIAL DECISIONS OF IMPORT TO THE OIL AND GAS INDUSTRY by Michael A. Marion, Daniel Johnson, Michael G. Massicotte, Alan Ross, Rick Williams, January 29, 2015, in Oil and Gas Bulletin, Border Ladner Gervais Introduction 2014 saw the Supreme Court of Canada significantly … Continue reading
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Alberta could owe a private duty of care to individuals harmed by hydraulic fracturing; “The door is open for claims based in a private duty of care against a public regulatory body”
Alberta could owe a private duty of care to individuals harmed by hydraulic fracturing by Steven Evans, Miller Thomson LLP, January 7, 2015, High Beam Research Jessica Ernst’s claim against Alberta Environment and Sustainable Resource Development (“Alberta Environment”) for negligently carrying … Continue reading
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Jessica Ernst legal battle: Alberta will not appeal ruling: “After seven arduous years a stunning victory stands. The truth will have its day in court.”
Alberta Won’t Appeal Decision to Allow Jessica Ernst to Sue, Landowner’s landmark lawsuit against the fracking industry continues by Andrew Nikiforuk, December 10, 2014, TheTyee.ca Jessica Ernst, the businesswoman and oil patch scientist defiantly challenging the regulation of hydraulic fracturing in … Continue reading
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Canada: Alberta Chief Justice Keeps Fracking Lawsuit Against Environmental Regulator Alive
Canada: Alberta Chief Justice Keeps Fracking Lawsuit Against Environmental Regulator Alive by Alan Harvie, Norton Rose Fulbright Canada LLP, November 25, 2014, Mondaq Also in Lexology in Association with Corporate Counsel as: … Continue reading
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Canadian Claiming Fracking Contaminated Water Can Sue Government, Court Rules
Canadian Claiming Fracking Contaminated Water Can Sue Government, Court Rules by Jeremy Hainsworth, November 19, 2014, Bloomberg NBA Nov. 14 — A Canadian woman who claims hydraulic fracturing contaminated her groundwater can sue the Alberta government for allegedly failing to properly investigate … Continue reading
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Canada: Alberta Court Rules Novel Fracking Claim Against Province Has Reasonable Prospect Of Success; Landowner Will Take Well-Water Fight To Supreme Court
Canada: Alberta Court Rules Novel Fracking Claim Against Province Has Reasonable Prospect Of Success by John Georgakopoulos, November 18 2014, Willms & Shier Environmental Lawyers LLP On November 7, 2014, a decision by the Court of Queen’s Bench of Alberta … Continue reading
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Ian Jessop interviews Jessica Ernst on her win against the Alberta Government
Ian Jessop interviews Jessica Ernst on her win against the Alberta Government’s Motion to Strike November 14, 2014, CFAX 1070
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A victory for the little guy; “Ernst next heads to the Supreme Court of Canada to overturn the regulator’s heavy-handed decision to ban her from further communication. We hope she wins that one, too.”
Landowner Will Take Well-Water Fight To Supreme Court by James Mahony, November 13, 2014, Daily Oil Bulletin (subscription required) An Alberta landowner who is suing the Alberta government in a case arising from claims of well water contamination has vowed … Continue reading
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Surprises in the Mail and a Confession by CAPP: Ian Jessop interviews Jessica Ernst about hydraulic fracturing and her lawsuit
October 2, 2014, CFAX1070
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Goliaths of Mammon “To the lovers of Mammon which includes Harper and Prentice, whatever Mammon wants, Mammon gets even if Humanity is harmed — with extinction — in the process”
Subject: Fwd: Goliaths of Mammon Date: Sat, 27 Sep 2014 19:29:43 -0500 From: Michael Milillo To: Danielle Smith MLA, Legislative Assembly of Alberta <email hidden; JavaScript is required>, Ken Paulson, BC Oil and Gas Commission <email hidden; JavaScript is required>, … Continue reading
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Tar Wars is here! Calgary Herald provides useful “guide to the cast of Tar Wars, a new local drama series starting this fall”
Tar Wars is here by Mike Priaro, September 29, 2014, Calgary Herald Summer is over. In September, we all enjoyed the last episode of reruns of the epic serial PC Party of Alberta, showing the coronation of golden boy Jim Prentice, … Continue reading
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Tout comme Jessica Ernst l’est devenue… as Jessica Ernst / has become…
Tout comme Jessica Ernst l’est devenue… translation of post (below) by Julie Ali by Ami(e)s du Richelieu, September 24, 2014 La demanderesse a fait une demande d’accès à l’information pour avoir accès à des filières en relation avec les enquêtes sur … Continue reading
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Ian Jessop Interviews Jessica Ernst on the Court of Appeal Ruling, Granting the AER Complete Legal Immunity, even for Charter Violations
Ian Jessop Interviews Jessica Ernst on the Court of Appeal Granting the AER Complete Legal Immunity, even for Charter Violations September 16, 2014, CFAX 1070 At 1:30 PM
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RCMP ignore “volley of gunfire” to concerned citizen’s home but warn government and industry: “Environmental extremists pose ‘clear and present criminal threat’ to Canada’s energy sector – more likely to strike at critical infrastructure than religiously inspired terrorists.” Canadian and Australian oil and gas lobby groups warn: Industry operations “impact aquifers” and “contaminate water resources” as pre-determined “bullshit” investigations, cover-ups and court rulings fix everything. No word if “religiously inspired terrorists” plan to retire because of the intense competition
Last Stop for High Profile Fracking Suit: Supreme Court, In striking Ernst appeal, Alberta court wraps blanket of immunity around regulator by Andrew Nikiforuk, September 16, 2014, TheTyee.ca The Alberta Court of Appeal has effectively ruled that one of the nation’s most … Continue reading
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Alberta fracking case could go to Supreme Court
Alberta fracking case could go to Supreme Court by Brenton Driedger, September 15, 2014, 630 CHED A legal fight over contaminated water and hydraulic fracturing could wind up before the Supreme Court. Jessica Ernst has lost an appeal to sue the … Continue reading
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“Disgust with AB Research Council Report goes beyond Alberta”
“The Stelmach two-step” by Paul and Helen Rez-Rouleau, Victoria BC, January 24, 2008, The Edmonton Journal Recent news from Alberta demonstrates the truth of the old saying, “Who pays the piper calls the tune.” The oil and gas companies are the payers; Ed … Continue reading
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There are proven cases of frac’ing contamination
There are proven cases of fracking contamination by Jessica Ernst, July 14, 2014, Rocky View Weekly Re: “Documented cases of fracking contamination are not proven” June 23 There are proven cases documented and industry admits they don’t know what their … Continue reading
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Most Alberta freedom of information requests get no results, ‘No records exist’ for two-thirds of users; “It’s the most hellish process”
Most Alberta freedom of information requests get no results, ‘No records exist’ for two-thirds of users by Karen Kleiss, July 10, 2014, Edmonton Journal Jessica Ernst has been locked in access-to-information battles with government and industry for a decade, trying … Continue reading
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Nikiforuk: What’s Missing from Canada’s Academic Fracking Debate? “The Gritty Truth.” Qu’est-ce qui manque dans le débat sur la fracturation hydraulique au Canada?
What’s Missing from Canada’s Fracking Debate? This is a long read. Because the current ‘debate’ leaves out so much by Andrew Nikiforuk, July 2, 2014, TheTyee.ca A number of academic papers of varying quality have contributed to the nation’s growing … Continue reading
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Live on CFAX 1070, An hour in studio: Ian Jessop interviews Jessica Ernst in Victoria, BC
Live on CFAX 1070, An hour in studio: Ian Jessop interviews Jessica Ernst May 28, 2014, Victoria, BC Quote by President Lyndon B. Johnson on signing the Wilderness Act of 1964, sent by David W., read on the show by … Continue reading
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Presentations by Dr. Karlis Muehlenbachs and Jessica Ernst: Fracking Ed workshop in Slave Lake talks about cracks in energy regulation
Fracking Ed workshop talks about cracks in energy regulation by Maureen Mariampillai, April 16, 2014, Slave Lake Lakeside Leader
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I will not Synergize or Gag and Settle presentation by Jessica Ernst at Our Water ~ Our Future 2014, May 23 & 24 in Courtenay, BC
I will not Synergize or Gag and Settle by Jessica Ernst, May 24, 2014, Courtenay BC A few slides: Encana’s hydrocarbon well data on file with Alberta’s public water well data base – “Gas Present No” at the time of drilling the … Continue reading
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Ernst Argues Alberta’s Energy Regulator Not Immune to Charter; Le gouvernement doit-il se soumettre à la Charte des Droits et Libertés?
Ernst Argues Alberta’s Energy Regulator Not Immune to Charter, Court hears appeal as part of landowner’s ongoing fracking lawsuit by Andrew Nikiforuk, May 9, 2014, TheTyee.ca In a blindingly white and ultra-modern courtroom on the 26th floor of the TransCanada Pipeline Tower in downtown … Continue reading
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Alberta Landowner Takes Fight with Energy Regulator Back to Court, Jessica Ernst’s appeal of previous ruling in fracking case starts Thursday
Alberta Landowner Takes Fight with Energy Regulator Back to Court, Jessica Ernst’s appeal of previous ruling in fracking case starts Thursday by Andrew Nikiforuk, May 7, 2014, TheTyee.ca Jessica continue de foncer translation by translation by Amie du Richelieu, May 9, 2014
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Fracking concerns, Interviews in Ireland with Cillian Murphy, Business Owner, Eddie Mitchell, Leitrim Farmer, Carroll Odolan, Physician and Martin McKeown, Geologist, and Jessica Ernst
Fracking concerns 7:21 Min. by ClareFrackingConcern, April 30, 2014 Please play your part in prohibiting fracking from coming to Ireland.
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Ian Jessop, Victoria CFAX 1070, Interviews Jessica Ernst on the April 16, 2014 Alberta government hearing: millions or billions in damanges; Who has Best in the World Frac Regulations?
Ian Jessop Interviews Jessica Ernst April 28, 2014, CFAX 1070 Ian and Jessica chat about: the April 16, 2014 Alberta government hearing where Crown counsel argued to get Jessica’s lawsuit thrown out because there could be millions or billions of … Continue reading
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Alberta Moves to Strike Down Ernst’s Fracking Lawsuit, Landmark case could spark a flood of litigation against the province, lawyer argues
Alberta Moves to Strike Down Ernst’s Fracking Lawsuit, Landmark case could spark a flood of litigation against the province, lawyer argues by Andrew Nikiforuk, April 18, 2014, TheTyee.ca Court sketch, Ernst v. Alberta Government. Crown counsel argued that Alberta landowner Jessica Ernst’s … Continue reading
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Jessica Ernst Exposes Drilling and Fracking Crimes in Alberta & Exchange Between Lori Brave Rock and Jessica Ernst; Segments of Lethbridge presentation, March 25, 2014
Jessica Ernst Exposes Drilling and Fracking Crimes in Alberta 12:59 Min. by Feature Productions and The Commercial Factory, April 5, 2014, produced by Anthony Hall, event hosted by NO DRILLING LETHBRIDGE and LPRIG (The Lethbridge Public Interest Research Group) Exchange Between … Continue reading
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The Power of “No” Review of presentation by Jessica Ernst in Lethbridge, Alberta
The Power of “No” Review of presentation by Jessica Ernst in Lethbridge, Alberta by Southern Alberta Group for the Environment, April 2014
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“In Bad Faith” presentation by Jessica Ernst in Lethbridge March 25, 2014: Experiences of an oil and gas industry scientist
In Bad Faith Presentation by Jessica Ernst, March 25, 2104, No Drilling Lethbridge Below, a few of Jessica’s new slides: Slides from Ernst presentation in Lethbridge Jessica Ernst after her talk in Lethbridge Poster Competition Winners, Ernst Presentation and Questions … Continue reading
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Front Page! Energy fight to be detailed: Jessica Ernst presents in Lethbridge March 25 and World Water Day Poster Competition Winners to be Announced
Energy fight to be detailed by Nick Kuhl, March 25, 2014, Lethbridge Herald Jessica Ernst has ongoing lawsuits against Encana, the Alberta government and the Alberta Energy Regulator (AER). Tuesday night, she’ll tell Lethbridge residents why – and why they … Continue reading
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Ian Jessop interviews Jessica Ernst on hydraulic fracturing
Ian Jessop interviews Jessica Ernst March 11, 2014, CFAX 1070 Ian and Jessica chat about permanent water loss in Hudson’s Hope BC and contamination in Rosebud, Wetaskiwin, Spirit River and Grand Prairie, Alberta; how the industry has captured the “best … Continue reading
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Norton Rose Fullbright review of Justice Wittmann’s September 2013 ruling: Court finds Alberta Regulator has statutory immunity from hydraulic fracturing suit
Court finds Alberta Regulator has statutory immunity from hydraulic fracturing suit by Alan Harvey, February 21, 2014, Norton Rose Fullbright The claim also alleged that, by its conduct, the ERCB breached the Canadian Charter of Rights and Freedoms by barring … Continue reading
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Frac updates and articles: The visit to Newfoundland by Jessica Ernst, Environmental Scientist (September)
Fracking updates and articles: The visit by Jessica Ernst, Environmental Scientist (September) by Edwin Bezzina, Fall 2013 Newsletter, Western Environment Centre Complete issue available at link below. Complete issue of the Fall Newsletter
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Alberta Energy Regulator (previously ERCB) Not Immune to Charter, Landowner’s appeal argument foreshadows what could become a major court battle this May
L’ennemie du fracking affirme que l’agence de l’Alberta doit respecter la Charte Translation of Nikiforuk’s article below by Les Ami(s) du Richelieu, February 8, 2014 Alberta Regulator Not Immune to Charter, Landowner’s appeal argument foreshadows what could become a major court battle … Continue reading
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Environmental consultant disputes government’s fracking lie that Alberta domestic water wells have never been contaminated with frac fluid
Environmental consultant disputes government’s fracking comments on contaminated drinking water by Jeremy Lye, February 4, 2014, 630 CHED In its response to the NDP’s revelations yesterday that it granted over 1500 fracking licenses in 2013, the Redford government described claims … Continue reading
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LISTEN: Ian Jessop interviews Jessica Ernst
Ian Jessop interviews Jessica Ernst February 3, 2014, CFAC 1070 Ian asks Jessica for an update on her legal case and if she thinks her case will ever be allowed to get to trial. Jessica discusses her completed Appeal Factum against … Continue reading
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Canadian Lawyer Magazine: Canada’s fractured view of fracking
Canada’s fractured view of fracking by Charlotte Santry, January 27, 2014, Canadian Lawyer Magazine As Canada’s largest natural gas producer defends itself in court against allegations linked to its fracking operations, several provinces are expressing increasing unease with the practice … Continue reading
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Hydraulic Fracking Challenged
Hydraulic Fracking Challenged by Jan Rose, December 28, 2013, Green Action News ROSEBUD, ALBERTA – What started as a multi-million lawsuit against an Alberta energy producer following hydraulic fracturing has the potential to work its way to the Supreme Court … Continue reading
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what you wish you didn’t have to know about FRACKING
what you wish you didn’t have to know about FRACKING by Judith Cockman, December 17, 2013, judithfire For every link I’ve supplied, there are a dozen more I could have included. I encourage you to just read through the article, and if you … Continue reading
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Twelve Canadians – Jessica Ernst, Mano a Mano With Big Oil
Twelve Canadians – Jessica Ernst Fracked Water, Mano a Mano With Big Oil by David Kattenburg, January 9, 2014, Green Planet Monitor This past holiday season, a massive ice storm turned what should have been a joyous occasion into a horrid nightmare for … Continue reading
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Jessica Ernst Appeals Court Ruling (hearing set for May 8, 2014), Oil patch consultant challenges decision granting Alberta Energy Regulator (previously ERCB) immunity from damage claims even for violating the Canadian Charter of Rights and Freedoms
Hydraulic Fracking Challenged by Jan Rose, December 28, 2013, in Policy & Politics, Green Action News Jessica Ernst Appeals Court Ruling, Oil patch consultant challenges decision granting Alberta Energy Regulator immunity from damage claims by Andrew Nikiforuk, December 21, 2013, TheTyee.ca … Continue reading
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Great Canadian Game Changers: Daring & Dedicated, Meet the scientists and organizers who are rewriting the rules
Great Canadian Game Changers by alternativesjournal.ca, December 2013, Volume 39, Number 6 Snap: Great Canadian Game Changers Cover, Page 34 in Alternatives Journal Vol. 39, No. 6 [Refer also to: Questions linger about Encana bombings; Why is The Globe and … Continue reading
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Canadian Courts Dismiss Protection for Owners of Polluted Lands & Waters, A horrible decision against Jessica Ernst, Landowner, Rosebud, Alberta, Canada
Canadian Courts Dismiss Protection for Owners of Polluted Lands & Waters, A horrible decision against Jessica Ernst, Landowner, Rosebud, Alberta, Canada article by S. Tom Bond, Retired Chemistry Professor and Resident Farmer, November 8, 2013, posted by Duane Nicols, FrackCheck … Continue reading
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Freedom of Expression Before Environmental Regulators?
Freedom of Expression Before Environmental Regulators? by Dianne Saxe & Meredith James, December 5, 2013, SLAW Canada’s Online Legal Magazine Environmental regulators and tribunals bear substantial responsibilities and make important decisions regarding development in Canada. If they won’t listen to opponents of a … Continue reading
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LISTEN: Ian Jessop interviews Jessica Ernst
LISTEN: Ian Jessop interviews Jessica Ernst December 4, 2013, CFAX 1070
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