Judicial Review Of The Cogcc's Law

Precedents have played a significant role construction and transformation public policy over time. The concern that judges face is whether establishing a new duty of care will influence public policy. This is the issue that results from in the Cooper v. Hobart case. The judge constructed a final decision that Hobart did not owe a duty of care to Cooper due to explanations that are delineated in public policy. This essay will discuss in favour of the judge’s decision for the reason that establishing a new duty of care would have conflicted with existing public policy. Initially, I will be providing a concise summary about the case of Cooper v Hobart. This involves the facts, issues and ratio. Then, I will elucidate what the Anns test is

Today I was able to have a quick interview with the honorable Mrs.Salvarez. I asked her a few questions about what she does in the government and if she could clarify some things.

Should our president approve this harmful pipeline, he could unite his decision with requirements to reduce the carbon intensity of extracting the tar-sands and processing it.

As the pace of shale gas drilling has accelerated in recent years, so have environmental concerns. Incidents such as a 2007 home explosion in Bainbridge, OH, the 2008 groundwater contamination on Wind River Indian Reservation in Pavilion, WY, and the 2008 chemical poisoning of an emergency room nurse in Durango, CO, have intensified the debate over regulation of fracking.10 As a result, new laws regulating fracking activities have

Earlier this year the Havasupai Tribe and a coalition of conservation groups sued the United States Forest Service for allowing Energy Fuel Resources Inc. to operate a mine under a 1986 federal environmental review without tribal consultation. The Canyon mine was previously in non-operational status due to low uranium stock prices in 1992. Opponents of the uranium mining operation want the federal environmental review updated and

Another major problem the R.R.C. is facing is an issue experienced by many government offices. Job security is basically ensured at the R.R.C. and the process to terminate an employee is extensive and time consuming. All efforts must be taken to first make a reasonable effort to assist the employee in improving their performance. If the employee can't perform the duties of their position, an effort must be made to move them to a position they are capable of performing. If the employee is incompetent for any available position, only then can an employee be terminated. The biggest issue comes when the employer needs to

“In a few decades, the relationship between the environment, resources, and conflict may seem almost as obvious as the connection we see today between human rights, democracy, and peace (Nobel Peace Prize Medalist Maathai 2004).” A Canadian oil company that goes by TransCanada hopes to build an oil pipeline that would extend an enormous 1,200 miles onto an already gargantuan 2,600 mile long pipeline. Keystone XL represents just under a third of the entire Keystone project, and every other piece of pipe has been built and laid out. In fact, TransCanada 's pipeline system is already shipping hundreds of thousands of barrels of crude oil from the Canadian oil sands across the U.S. border -- and into Illinois (Diamond). The current proposal would take the pipeline on a journey all the way through to Texas. Extracting crude oil from oil sands would be enormously problematic for the environment as it causes the pumping of about 17% more greenhouse gases into the atmosphere than standard crude oil extraction. Tar sand oil has levels of carbon dioxide emissions that are three to four times higher than those of conventional oil, due to more energy-intensive removal and refining processes (Friends of the Earth). The construction of the Keystone XL pipeline would stimulate employment, the effects would be temporary and the whole scheme would produce a negative long term outcome. The construction of the Keystone XL pipeline has caused

Thoughts: This case is a good example of judicial review of which a higher court can review the

In this article, the Terry Wade and Ernest Scheyder discuss the protesters citing a treaty in order to occupy the land. Protestors are advocating for the rerouting of the pipeline on the grounds that further construction carries potential spills into drinking water and damage historical tribal sacred lands. The article cites the Fort Laramie Treaty of 1851, in which the protestors cited, and further discusses how treaty has not been taken seriously in the court of law. The article suggests that at one point the Energy Transfer Company planned to run the pipeline near Bismarck and far from the reservation, but instead decided to choose Standing Rock Sioux Land. This article is useful to point out a solution to the problem as well as the impact of protestors have on this

With an increasing global population and ever industrializing society 's, environmental concern is rarely given priority over economic incentive. But what people fail to realize is that our environmental failures, and relative apathy about it set up a plethora of problems for future generations to deal with. One of the most important decisions president Obama will face in the next year will be whether or not to approve the building of the Keystone XL pipeline, a massively sized, and massively controversial oil pipeline that would stretch all the way from Alberta Canada, to American oil refineries along the Gulf Of Mexico. Despite the economic incentive present, the building of the Keystone XL pipeline should not happen because of the

In Jan. 2011, the EPA decided to veto the dumping of waste from the Spruce No. 1 Mine. But the agency’s efforts have so far been rebuffed by the courts as an overreach: Under the weird legal regime that governs mining, it’s the Army Corps of Engineers, not the EPA, which has the ultimate say-so over those permits. In 2012, the D.C. district court ruled that EPA lacked authority to veto the permit after the Corps had issued it. However, in fact EPA's decision is based on evidence from scientific research on serious environmental harm from mining. In May 2013, a coalition of Appalachian and environmental groups petitioned the EPA to set a numeric water quality standard under the Clean Water Act to protect streams from pollution caused by mountaintop removal mining . They claimed that “State politics and industry pressure have so far failed to end this pollution without such a standard and more and more streams and communities who rely on those waters are left vulnerable. We need EPA to act now.” The EPA’s authority over the Clean Water Act in respect to Spruce Mine No. 1 was finally affirmed by the Supreme Court in March 2014.

Step one requires the court to look to the language of the statute in question and the intent of Congress; if Congress has clearly established its intent with regard to the rights and obligations imposed by the statute, then the court must defer to Congress. However, if the intent of Congress cannot be clearly discerned, then the court will look to the interpretation of the agency responsible for administering the statute; if that interpretation is a “permissible construction,” then the court must defer to it. Following Chevron, the Court declared that “interpretations contained in policy statements, agency manuals and enforcement guidelines, all of which lack the force of law—do not warrant Chevron

Local control is in close contact with the people hence it is easier for local control to enact a ban as compared with the state Government. The local control bans however fails to progress due to some court decisions that dictate that local control as well as the bans imposed by them are void. However, the local control has the interest of people at heart. According to the people of Texas, there should be put measures which ensure that the environment is well conserved. Texas people were having the power to preserve their environment until the policy-makers passed bills that denied Texas citizens the mandate to preserve their environment any longer. According to the articles, gas and oil extraction as well as excursion of wastewaters led to experiences of Earthquakes in Texas which called for more control on the mining process by Texas oil industries. Sadly, the law-makers’ current bills insinuated that those industries would continue to handle their business normally leaving the citizens with zero control over their

Where this agreement usually ends, however, is with the question of quality control refining processes from my viewpoint. Anotherwords, what control measures are enforced to ensure all contaminants are entirely removed to guarantee a high level of quality assurance and security of the petroleum sectors within the nation’s infrastructures? Are there residual contaminants affecting the quality of fuel supplied to the nation’s energy consumers? From a preceding viewpoint, it can be related to the Colorado Floods that occurred in September 2013. Even the prevailing thought of hazardous waste introduced to the Colorado geographical landscape does not eliminate the second and third order affects imposed on the nation’s petroleum pipeline infrastructure by way of corrosion, introducing chemicals into the pipeline arteries through small cracks that may extend beyond Colorado, an implication that cannot be ruled out. Water contamination prevention-or across the board programs-from the negative effect of hydraulic fracturing should be an expectation from petroleum energy producers. Moreover, it reminds us of an infrastructure security vulnerability, which is not often specified, when hydraulic fracturing is correlated to the role water functions through the conventional petroleum refining process, along with vast arrays of petroleum pipelines that exist across the nation’s geographical landscapes. These concerns should be brought

When offered financial compensation for land used for the pipeline, tribal leaders refused outright. If an agreement is going to be made that satisfies both parties, each will have find the middle ground in certain areas. After the initial Environmental Impact Statement, Energy Transfer Partners agreed to lower the depth that the pipeline runs under Lake Oahe to double the originally planned depth. If Energy Transfer Partners are willing to make changes to their plans, then the Sioux should also. It is understandable that the Sioux refused, as they see the land as their own and do not think that they should be required to make exceptions for corporations to build on it. However, one must acknowledge the realities of the world we live in today and accept that certain projects are going to continue whether the tribe like it or not, so they might as well attempt to get the best deal that they