Water Use Challenges to Oil and Gas Developments

As public concern over fracking gains increased prominence in the media, litigation concerning the practice is starting to appear before Canadian courts. The litigation thus far has focused largely on water use and its associated licensing regimes, as well as Aboriginal treaty rights. Opponents of fracking have employed diverse strategies to combat the practice. Aside from the Environmental Appeal Board case involving the Fort Nelson First Nation, the British Columbia government and Nexen, no single strategy has proved particularly successful, though the litigation remains in its infancy. This article profiles the emerging Canadian litigation, considering it alongside the developing American civil litigation.