Frac’ing insanity in the Yukon. Chance Oil & Gas (was Northern Cross Ltd) wants $2.2 billion in damages (even though frac’ing is a major money loser and Chance says they don’t need to frac) because of frac moratorium.

One of the comments:

Tim fordyce:

I may be ignorant of many things including environmental regulations pertaining to drilling exploration but for a commercial venture to think it can get exemption from fracking bans. Lawyers will try anything to justify their ongoing fees but I would guess banned practices are banned for a really good reason. They should be fined just for wasting the time and tax payers. $$$ in response to an idiotic rehash of previously wasted efforts. I expect the company will bully and win massive settle and gag.

Court tosses parts of oil company’s lawsuit against Yukon government, Chance Oil and Gas seeking up to $2.2 billion in damages over fracking moratorium by CBC News, Jan 22, 2021

A Yukon Supreme Court judge has thrown out part of a lawsuit against the territorial government. The suit stems from a 2015 moratorium on hydraulic fracturing, or fracking.

Chance Oil and Gas, formerly Northern Cross, is seeking up to $2.2 billion in damages after the government imposed the moratorium.

The company’s statement of claim, which was re-filed a year ago, alleges the government’s fracking ban amounts to an “unlawful de facto cancellation” of the company’s oil rights in the Eagle Plains area. 

In a statement of defence filed in late March, the government says it never granted Chance the right to establish commercial production at Eagle Plains. The statement says Chance was only ever granted exploration permits that gave it the right to drill test wells and sell any oil it found during those tests.

In a written ruling issued on Wednesday, Supreme Court Justice Edith Campbell struck down three claims against the government, including a claim of unlawful interference with economic interests.

She also threw out Chance’s request to order the government to exempt it from the fracking ban.

Campbell also granted a request from the government to remove Energy Minister Ranj Pillai from the suit.

The former Yukon Party government issued the fracking moratorium in 2015 following months of hearings on the practice by a select committee of the Legislative Assembly. Fracking is only permitted in the natural-gas rich Liard Basin in southeast Yukon, and only with the approval of local First Nations.

The Liberal government, elected in November of 2016, later said it would not issue permits for fracking operations anywhere in the territory.

Yukon government seeks to have bulk of oil company’s $2.2B lawsuit thrown out, YG contends Chance Oil and Gas never had permits for commercial production by Chris Windeyer, CBC News, Apr 23, 2020

The Yukon government wants a judge to throw out large portions of a lawsuit filed by Chance Oil and Gas in the wake of the territory’s 2015 moratorium on hydraulic fracturing.

In March, the Yukon government filed an application to have much of Chance’s suit thrown out. 

The company’s statement of claim, which was re-filed in February, alleges the government’s fracking ban amounts to “unlawful de facto cancellation” of the company’s oil rights in Eagle Plains.

“The minister’s decision to implement a moratorium was an arbitrary and unreasonable one that was not based on any science or study, and therefore without legislative authority,” the statement of claim reads.

The claim also alleges expropriation, nuisance and “unjust enrichment” by the government. Chance president Richard Wyman did not respond to a email seeking comment.

Only test wells ever approved, YG says

The government wants those claims dismissed outright. It also wants the claims against the Minister of Energy, Mines and Resources dismissed. The suit names the minister, along with the government and the Energy, Mines and Resources department itself.

In a statement of defence filed in late March, the government says it never granted Chance the right to establish commercial production at Eagle Plains. The statement says Chance was only ever granted exploration permits that gave Chance the right to drill test wells and sell any oil it found during those tests.

The government says it was aware that fracking might be needed to access the Eagle Plains deposit, which is located in a shale formation (sometimes called “tight” oil). 

“Chance repeatedly disavowed any immediate intention to use hydraulic fracturing techniques,” the government’s defence reads.

Chance’s claims says the Eagle Project would have “clearly and obviously” have required fracking, which is typical of shale oil deposits.

Suit followed fracking ban

Chance, formerly Northern Cross, filed the suit in 2017. The company, which had exploration rights to deposits near Eagle Plains in northern Yukon, is seeking as much as $2.2 billion in damages.

The company’s claim says the damages should include more than $1.8 billion for the “fair market value” of 8.6 million barrels of proven oil reserves. The statement says the company would also accept awards of $395 million or $207 million to cover various fees and capital costs.

The former Yukon Party government issued the fracking moratorium in 2015 following months of hearings on the practice by a select committee of the Legislative Assembly. Fracking is only permitted in the natural-gas rich Liard Basin in southeast Yukon, and only with the approval of local First Nations.

The Liberal government, elected in November of 2016, later said it would not issue permits for fracking operations anywhere in the territory.

The matter is scheduled to be back in court in May.

Not a chance name change will affect $2.2 billion lawsuit against YG, company formerly known as Northern Cross says, Now named Chance Oil and Gas Limited, company plans focus on frack-free projects by Lori Garrison, July 31, 2017, Yukon News

The recent name change by the Yukon-based oil company from Northern Cross to Chance Oil and Gas will not impact its $2.2 billion lawsuit against the Yukon government, the company says.

The suit, launched April 4, is over what Chance calls a moratorium on fracking in the Eagle Plains Basin. The government has said it only wants to allow fracking developments in the the Liard Basin.

“The lawsuit and the name change are separate issues,” said company president Richard Wyman. “The only thing that’s changed is the name. But in the last 10 months there have been some changes here.”

Wyman said these changes were “triggered” by the departure of the company’s majority shareholder, China National Offshore Oil Corporation. CNOOC pulled out of Northern Cross in October 2016, which forced the company to restructure, said Wymann.

“They sold out — now the company is 100 per cent Canadian-owned and directed,” he said.

Chance will be focusing on smaller-scale projects in “geological settings where fracking doesn’t need to be used,” said Wymann. Never trust any company that promises that!

“(CNOOC) did not really express much interest in the kinds of operations in the geological areas I’ve described. They preferred operations where (fracking could be used),” he said. “Chance is small enough that we don’t need shale operations to work for us.” Then why are they suing for $2.2 Billion for harm from a frac ban, if they don’t need to frac?

Wyman said what he calls the moratorium on fracking in the Eagle Plains Basin has made this kind of change necessary.

“Until such time as the moratorium is lifted, there will be no hydraulic fracking by us,” he said. Unwise to trust any frac’er that claims they won’t frac.

Chance will invest in small-scale projects spread over longer periods of time, to encourage the participation of local business, he said, in order to financially benefit local communities.

“There have been changes in the way we’ve been organizing ourselves so there will be more obvious and clear lines of sight in our engagement with communities and First Nations,” he said.

“There is a much stronger willingness to establish benefits sharing by people within the Yukon, especially First Nations when activities take place in their traditional territories.”

These smaller scale projects will also have a “smaller environmental impact,” Wyman said.

The name, Chance, is derived from the name of a creek which flows into the Whitestone River and then joins the Porcupine River. The creek drains north by northwest from the company’s Eagle Plains Basin exploration site. The name is also influenced by the name of a discovery license issued in the 1980s, after oil was discovered in the Chance Sandstone in the 1960s, Wyman said

Refer also to:

Lots of smelly background here on Chase Oil and Gas, previously Northern Cross: Triple Nasty Liar? Purpose of Steve Harper’s Trade Deal with China? Alberta Company Northern Cross Ltd. filed $2.2-billion lawsuit against Yukon government over frac moratorium

Snaps taken April 11, 2017 of Northern Cross Yukon Ltd.’s website:

That’s some “company.”

Of course it was in cesspool Alberta

… So what actions are being taken to achieve these development goals? Assisting in the long term vision of resource development is the Chinese National Offshore Oil Company (CNOOC). Three years ago, the CNOOC became a major shareholder with Northern Cross Yukon, thus allowing them to obtain the capital to move forward with the programs that can help the company identify new resources and increase the resource base. …

Dr. Anthony Ingraffea presentation to Yukon. 922 peer-reviewed scientific papers published so far on shale and tight gas dev impacts, “most show clear and present danger.” Morning interview. CBC: “Why not stay with industry and find a better way?” Dr. Anthony Ingraffea: “There is no better way. … There is no other way. There is no less intrusive way. There is no safer way of getting oil and gas out of shale….”

Stooping Low & Getting Caught: Yukon government planned to share secret strategy to frac Yukon with Harper but not Yukoners

No Means No; Overwhelming majority of people speaking to Yukon frac committee are against fracking; Go Home Synergy Alberta and take your “experts,” tricks and industry lies with you

Front Page: Politely spurn fracking, mom Diana Dauheimer urges Yukoners

Is the Yukon Government setting up a fracked territory?

CAPP’S big lie to the Yukon: “Over 175,000 wells without any reported incidence of contaminating drinking water.”

Fracking presentations in the Yukon by MGM Energy Corp and CAPP included misleading statements; Yukon Select Frac Committee witnesses are mainly pro-fracking and industry

Yukon Frac Committee accused of bias, poor community engagement, Originally planned to meet with CAPP, Pembina Institute, Alberta Innovates (used to be Alberta Research Council), AER, NEB and no harmed Albertans!

Yukon Council of First Nations declares territory to be frack free

Yukon’s Mount Lorne Hamlet council rejects hydraulic fracturing

Yukon Party in damage control mode over botched approach to fracking and oil and gas

Yukon’s Kaska agree to meet premier over blockade threat, Kaska leaders had threatened action over proposed oil and gas developments on their traditional territory

Two hour speech in the Yukon Legislature on the precautionary principal and some of the science showing significant risks to society, health, environment, wildlife, water and the public interest from hydraulic fracturing

‘Frack Free Yukon’ stickers to begin adorning area bumpers

Company withdraws request for fracking in Yukon, Yukoners want public debate on whether practice should be allowed in territory

2012: Jessica Ernst at Yukon College and Whitehorse, Yukon

https://ernstversusencana.ca/wp-content/uploads/2012/09/2012-09-22-From-Cape-Town-to-the-Yukon.png

Flash forward nine years: I’m still hauling water, in a pandemic no less.

2005: Jessica Ernst tours First Nations Communities in the Yukon Another horrifically gruelling tour.

November 28, 2005 at Haines Junction and Beaver Creek
November 29, 2005 at Atlin and Haines Junction
November 30, 2005 at Carcross and Whitehorse
December 01, 2005 at Pelly Crossing and Teslin
December 02, 2005 at Watson Lake

December 03, 2005: I arrived back home, exhausted, only to find in my mail box AER’s Charter-violating judgement* of me being a criminal (all without me committing any crimes, no arrest, no fingerprinting, no charges, no evidence). Poof! Magic! In a snap of their corrupt Encana-controlled fingers, AER punted a frac-harmed Albertan out of “regulation” for daring to ask reasonable and intelligent questions, and presenting the regulator with heaps of evidence of Encana’s crimes and sharing them with the public, my frac news mailouts (started in 2003, that quickly spread around the world), neighbours and friends.

I wrote the regulator a letter asking for clarification and under which law they were able to magically judge me in secret without any evidence. The AER (back then it was EUB) refused my registered mail! Canada Post returned it – it arrived in my mail box the day this hit front page of the Edmonton Journal:

2005 12 13: Tainted water lights fire under gas fears

*Six months later, after months of harassing me via phone and email, on June 8, 2006, bully lawyer Rick McKee, tried to terrify me silent, tried to coerce me into admitting to crimes I had not committed to justify AER violating my Charter rights. So many nasty law-violating lawyer-bullies in Canada that are never publicly outed like GG Payette was. Why not? Because they are men in misogynistic Caveman Canada? (PS After failing to scare me into doing his bidding, ugly thick fists clenched as if struggling to hold back from hitting me, McKee admitted the regulator never saw me as a threat, bunch of pathetic Encana-crime enabling cowards. Read all about it in award-winning Andrew Nikiforuk’s Slick Water.)

*Twelve years later, and much more despicable and cruel, Supreme Court of Canada “judge” Rosalie Abella magically, poof, just like that in her ruling in Ernst vs AER, changed AER’s 2005 written judgement of me being a criminal to me being a “vexatious litigant” (evidence was not allowed at my hearing at the Supreme Court; no wonder, reality and facts get in the way of a good judicial fairy tale). That’s a talented judge, she can fabricate facts, and turn back time and turn me into a litigant when I would not become one until two years later! Good riddance to you J Abella, when you retire this year.

Snap of comments from 2017 11 23 Globe and Mail article on next Supreme Court Chief Justice

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