Presented by CBA's National Environmental, Energy and Resources Law Section

More than 100 years ago, the Canadian and American cross-border environmental relationship was established in the form of the Boundary Waters Treaty, signed in Washington on January 11, 1909.  Since then, our two countries have worked together to solve many cross-border environmental issues but not without acrimony.  From time-to-time, the extra-territorial application of laws of the other country has been relied on to resolve trans-boundary environmental disputes.  This gives rise to important questions about whether and to what extent the laws of another jurisdiction should reach across an international boundary.  And, when is such extra-territorial jurisdiction appropriate?  Similarly, Canada has experienced several inter-provincial environmental disputes of importance.

Professors Hsu and Parrish have explored the Canada – U.S. cross-boundary example in the context of health impacts and costs in Ontario and further east from stationary sources of pollution south of the 49th parallel. They will share their thoughts about where extra-territoriality has been and may go in the foreseeable future.  Richard Du Bey will share some of his experiences as special environmental counsel to the Confederated Tribes of the Colville Reservation, plaintiff, in the cross-border U.S.-Canada litigation Pakootas v. Teck Cominco.  Marc McAree will also explore and describe inter-provincial disputes of note.


Moderator:
Marc McAree, Willms & Shier Environmental Lawyers LLP (Toronto, Ontario)

Speakers:
Richard A. Du Bey, Short, Cressman & Burgess PLLC (Seattle, Washington)
Professor Austen L. Parrish, Dean and James H. Rudy Professor of Law, Indiana University, Maurer School of Law (Bloomington, Indiana)
Professor Shi-Ling Hsu, Larson Professor, Florida State University, College of Law (Tallahassee, Florida)