David V. Wright

David V. Wright

@davevwright.bsky.social

Law prof. Environment, natural resources, energy, sustainability, negotiation, treaties, oceans, Arctic. Unapologetic fan of Indie Folk. And 90s rap. And Vegemite. UC: https://profiles.ucalgary.ca/david-wright

2.5K followers261 following131 posts

David V. Wright reposted

NigelBankes
@nigelb.bsky.social

Want to read about something other than the referendum today? My latest ABlawg post deals with the CER’s decision to approve TMX’s negotiated tariff settlement with its shippers. 1/ #ableg #abpoli #cdnpoli

ABlawg UCalgary@ablawg.bsky.social

New Post: The CER Approves the Negotiated Settlement for TMX’s Tolls and Tariffs: One More Taxpayer Subsidy for Oilsands Producers ablawg.ca/2026/10/20...…lsands-producers/

ablawg.caThe CER Approves the Negotiated Settlement for TMX’s Tolls and Tariffs: One More Taxpayer Subsidy for Oilsands ProducersBy: Nigel Bankes Decision Commented On: Canadian Energy Regulator, Approval of Trans Mountain Pipeline ULC, Negotiated Settlement, September 28, 2026 PDF Version: The CER Approves the Negotiated Se…
David V. Wright
@davevwright.bsky.social

Interested in Canada’s grand deregulation experiment when it comes to major projects review and approval? Curious about the Pacific Link Pipeline that was just announced at the first Project of National Interest under the new federal fast-tracking legislation? Dig into this one.

ABlawg UCalgary@ablawg.bsky.social

New Post: Experimental Deregulation: Next Steps for the Pacific Link Pipeline as the First Official Building Canada Act Project of National Interest ablawg.ca/2026/10/05...

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David V. Wright
@davevwright.bsky.social

The present geopolitical and economic context (rupture?) requires adapting, but governments across the country need to do better at laying out the social, environmental, and economic case for committing to such major projects, esp in cases where it is primarily a government-led project and public $.

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David V. Wright
@davevwright.bsky.social

Even if such work is accomplished, the open question will remain regarding whether the costs truly outweigh the benefits. Project assessments across Canada are notoriously poor at comprehensively assessing the full costs and risks of major infrastructure and natural resource extraction projects.

David V. Wright
@davevwright.bsky.social

There is a tendency to engage in apples to oranges framing, selecting big attractive numbers on the benefit side of the ledger (e.g. jobs, GDP) without presenting similar on the other side.

David V. Wright
@davevwright.bsky.social

Reviewing and approving this type of project this fast (one year) would be virtually unprecedented. It is unclear that the federal government can do what it takes in terms of diligent analysis of impacts in such a short period, not to mention fulfill the duty to consult Indigenous communities.

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David V. Wright
@davevwright.bsky.social

In fairness, today's unprecedented political and economic times, which in Canada includes existential threats to sovereignty, raise important and legitimate questions around what type and degree of law reform ought to be pursued.

David V. Wright
@davevwright.bsky.social

My own hope is that such questions and discourse are approached in a level-headed, evidence-based manner rather than being based on vibes, special interests, and distorted versions of reality. Stay tuned for content and commentary on @ABlawg unpacking this further, including how to be involved.

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David V. Wright
@davevwright.bsky.social

That discretion covers everything from whether to conduct an assessment at all, to which projects get special expedited treatment, to time for Indigenous consultation, to the weakness of binding project approval conditions. That provides wide legal basis to get things very right or very wrong.

David V. Wright
@davevwright.bsky.social

It also means fewer mechanisms and guardrails for public participation, transparency, and accountability. Time will tell how that discretion is exercised, but history suggests good reasons to be concerned and wary.

David V. Wright
@davevwright.bsky.social

Many of us are still working our way through this very technical and far-reaching proposal to further the overhauling (and weakening) of federal review and approval of major projects. But for now it is fair to say that the changes proposed are tectonic and generational in scale and magnitude.

David V. Wright
@davevwright.bsky.social

Reforms in Bill C-39 would mean substantially narrowed and shortened federal assessments through legal processes that provide the government virtually unparalleled amounts of discretion.

David V. Wright
@davevwright.bsky.social

Bill C-10 passed 3rd reading yesterday - a big step toward establishing the new Commissioner for Modern Treaty Implementation. Indigenous parties to modern treaties have been working tremendously hard for twenty years in pursuit of creation of this office. Almost there. www.parl.ca/documentview...

parl.caGovernment Bill (House of Commons) C-10 (45-1) - Third Reading - Commissioner for Modern Treaty Implementation Act - Parliament of CanadaGovernment Bill (House of Commons) C-10 (45-1) - Third Reading - Commissioner for Modern Treaty Implementation Act - Parliament of Canada
David V. Wright
@davevwright.bsky.social

This is a significant early win for anyone interested in transparency and accountability toward achieving (or missing) international climate change commitments. While the youth may not be ultimately successful, this will still get important evidence on the record. www.cbc.ca/news/politic...

cbc.caCarney government dealt an early blow in climate litigation | CBC NewsA federal court refused to strike down a climate lawsuit brought against the Carney government by Canadian youth.
David V. Wright
@davevwright.bsky.social

Seems timely to repost this item given the bill dropping in Ottawa today proposing further weakening key federal environmental laws. Stay tuned for more.

David V. Wright@davevwright.bsky.social

Some weekend listening for those trying to make sense of escalating controversy around proposed weakening of Canada’s cornerstone environmental laws. Grateful to Peter for having me on his fantastic @cjsw.bsky.social show, The Palgary Almanac. cjsw.com/program/the-...

David V. Wright
@davevwright.bsky.social

“Canada’s Grey New Deal” - my piece in The Star today. TLDR: wave of deregulation crash crashing across Canada can be thought of a Grey New Deal that prioritizes rapid development through deregulation and weakening of existing environmental laws. Days of considering a Green New Deal are long gone.

thestar.comGift-redeem
David V. Wright
@davevwright.bsky.social

Massive project, new industry. Can’t get more ripe for a joint fed-prov impact assessment. Perfect way to showcase diligent, good faith implementation of the AB-Ottawa MOU. Will they do it? So far, nope. www.cbc.ca/news/canada/...

cbc.caNo provincial environmental impact assessment required for Kevin O'Leary's proposed Wonder Valley data centre | CBC NewsKevin O’Leary's proposed Wonder Valley project in northwestern Alberta will not need to undergo an environmental impact assessment from the province due to existing water and power systems. However, t...
David V. Wright
@davevwright.bsky.social

Huge win for environmental law today as Federal Court of Appeal reverses lower court by upholding federal listing of Plastic Manufactured Items as toxic. Expect fireworks from all sides politically, but this is a helpful step in clarifying this area of the law. decisions.fca-caf.ca/fca-caf/deci...

decisions.fca-caf.ca Canada (Attorney General) v. Responsible Plastic Use Coalition - Federal Court of Appeal The Federal Court of Appeal is a bilingual, bijural court that makes decisions on matters of federal law across Canada.

David V. Wright reposted

ABlawg UCalgary
@ablawg.bsky.social

New Post: What Are the Implications of the International Court’s Climate Change Advisory Opinion for Provinces? ablawg.ca/2026/01/26...…on-for-provinces/

ablawg.caWhat Are the Implications of the International Court’s Climate Change Advisory Opinion for Provinces?By: Nigel Bankes Case Commented On: Obligations of States In Respect of Climate Change, Advisory Opinion of the International Court of Justice, July 23, 2025 PDF Version: What Are the Implications …
David V. Wright
@davevwright.bsky.social

On the matter of climate policy rollbacks in a context of the AB-Ottawa MOU, UNDRIP, COP30 and so much else going on. Insightful coverage by Moira Donovan via @cba-nationalmag.bsky.social . And an @ablawg.bsky.social post in the works to expand on some of this.

CBA/ABC National@cba-nationalmag.bsky.social

"The government seems to be taking out a mortgage on future generations to pay for the crisis today," says David Wright at the University of Calgary's faculty of law. nationalmagazine.ca/en-ca/articl...

nationalmagazine.caThe consequences of Canada’s climate backslide‘The government seems to be taking out a mortgage on future generations to pay for the crisis today’
David V. Wright
@davevwright.bsky.social

Political hot potatoes giving way to cooler heads? Devilish details will matter. Aspects I’ll be watching: language around Indigenous & B.C. consent, target tanker ban exemption vs repeal, pathways plus price tag… and how this all fits in Canada’s carbon budget (or not!). www.cbc.ca/news/politic...

cbc.caOttawa, Alberta agree to broad outlines of energy deal, including path to pipeline | CBC NewsPrime Minister Mark Carney and Alberta Premier Danielle Smith have agreed to the broad outlines of a memorandum of understanding that would give Alberta special exemptions from federal environmental l...
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David V. Wright
@davevwright.bsky.social

Political hot potatoes giving way to cooler heads? Devilish details will matter. Aspects I’ll be watching: language around Indigenous & B.C. consent, target tanker ban exemption vs repeal, pathways plus price tag… and how this all fits in Canada’s carbon budget (or not!). www.cbc.ca/news/politic...

cbc.caOttawa, Alberta agree to broad outlines of energy deal, including path to pipeline | CBC NewsPrime Minister Mark Carney and Alberta Premier Danielle Smith have agreed to the broad outlines of a memorandum of understanding that would give Alberta special exemptions from federal environmental l...
David V. Wright
@davevwright.bsky.social

On the legal details side, Ottawa has all the authority it needs for a targeted Tanker Ban exemption under the new Building Canada Act. But to use it, there needs to be an actual project that is listed under the Act. So far, no proponent so no project. They’ve got a serious sequencing issue here.

David V. Wright
@davevwright.bsky.social

PONIs or PHONIs? My latest ABlawg post on the subject of where things stand following yesterday's announcement of the second tranche of "major projects" / PONIs. And an imperfect glossary to try to make sense of the odd mix of terminology circulating.

ABlawg UCalgary@ablawg.bsky.social

New Post: Major Projects and the Building Canada Act: New list of PONIs or PHONIs? ablawg.ca/2025/11/14...…-ponis-or-phonis/

ablawg.caMajor Projects and the Building Canada Act: New list of PONIs or PHONIs? By: David V. Wright Matter Commented On: Building Canada Act, SC 2025, c 2, s 4 PDF Version: Major Projects and the Building Canada Act: New list of PONIs or PHONIs? This week, Prime Minister Carn…
David V. Wright
@davevwright.bsky.social

Helpful modelling from @pembina.org here. Canada and Alberta should both be transparently doing same and then relating it to comprehensive emission reduction plans and scenarios that demonstrate achieving climate commitments (or not). Present “grand bargain” discourse needs to be contextualized.

Pembina Institute@pembina.org

A new pipeline paired with carbon capture may sound promising, but the numbers tell a different story. Our analysis finds the so-called “grand bargain” would result in oilsands emissions going up, even with the Pathways carbon capture project.

David V. Wright
@davevwright.bsky.social

First 5 PONIs now identified under the Building Canada Act. But is it a case of hot to trot, or all for naught? TLDR: legal framework is in place to corral PONIs and lead to greenlight pastures. But it behooves the govt to get implementation right at this early juncture. ablawg.ca/2025/09/25/f...

ablawg.caFirst Five Building Canada Act Projects of National Interest (PONIs): Hot to Trot, or All for Naught?By: David V. Wright Matter Commented On: Building Canada Act, SC 2025, c 2, s 4 PDF Version: First Five Building Canada Act Projects of National Interest (PONIs): Hot to Trot, or All for Naught? Af…
David V. Wright
@davevwright.bsky.social

Carbon pricing gone. And now ZEV pause. www.cbc.ca/news/politic... As federal GHG emission reduction measures slip, there’s still a legal requirement for the Carney government to present a comprehensive plan at some point. Will slip lead to fall? Under CNZEAA it shouldn’t ablawg.ca/2025/06/23/f...

ablawg.caFederal Climate Plans, Policies and Projections: Have no fear, CNZEAA is (still) here? - ABLawgBy: David V. Wright Matter Commented On: Implementation of the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22 PDF Version: Federal Climate Plans, Policies and Projections: Have no fear,...
David V. Wright
@davevwright.bsky.social

What’s going on with federal climate policy? C-5 has taken up a lot of oxygen so it’s fair to wonder. Also fair to fret. We do have a law to reduce risk of backslipping. Is it up to the task? Can we have no fear, or at least less fear, because CNZEAA is still here? My latest via @ablawg.bsky.social

ABlawg UCalgary@ablawg.bsky.social

New Post: Federal Climate Plans, Policies and Projections: Have no fear, CNZEAA is (still) here? ablawg.ca/2025/06/23...

David V. Wright
@davevwright.bsky.social

Update: Bill C-5 will pass third reading today. Now senate for most of next week. Finish line likely next Friday. BUT amendments from house committee mostly adopted. These create some guardrails and constraints that steer toward transparency and accountability. www.ourcommons.ca/DocumentView...

ourcommons.caCommittee Report No. 1 - TRAN (45-1) - House of Commons of CanadaCommittee Report No. 1 - TRAN (45-1) - House of Commons of Canada
David V. Wright@davevwright.bsky.social

Bill C-5 / Building Canada Act sure ain’t impact assessment; it’s an unprecedented deregulation move in modern times. Serious risk that ‘move fast and make things’ results in move fast and break things’. Leap before you look = risky at best. w/ @molszyns.bsky.social ablawg.ca/2025/06/10/b...

ablawg.caBill C-5: Move Fast and Make Things, or Move Fast and Break Things? - ABLawgBy: David V. Wright and Martin Olszynski Bill Commented On: Bill C-5 - An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act PDF Version: Bill C-5: Move Fast and...
David V. Wright
@davevwright.bsky.social

Key amendment to note: - Public registry - More Parliamentary oversight - National security review - Conflict of interest safeguards - Explicit consent of provinces - Stronger language re Indigenous consultation (but still not consent) Upshot: still ‘leap before you look’ but less reckless.

David V. Wright
@davevwright.bsky.social

Bill C-5 / Building Canada Act sure ain’t impact assessment; it’s an unprecedented deregulation move in modern times. Serious risk that ‘move fast and make things’ results in move fast and break things’. Leap before you look = risky at best. w/ @molszyns.bsky.social ablawg.ca/2025/06/10/b...

ablawg.caBill C-5: Move Fast and Make Things, or Move Fast and Break Things? - ABLawgBy: David V. Wright and Martin Olszynski Bill Commented On: Bill C-5 - An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act PDF Version: Bill C-5: Move Fast and...
David V. Wright
@davevwright.bsky.social

And just like that, it’s over. But what a two weeks it was for this special group of students in this year’s Modern Treaties & the Law course in the Yukon. Deep experiential learning, immersed in special spaces and communities. Huge thanks to all involved, including these courageous students.