Publications -- Arlene Kwasniak

 

Books and Monographs:

Conservation Easements, Covenants and Servitudes in Canada: A Legal Review (with Judy Atkins and Ann Hillyer) (Ottawa: Environment Canada and Canadian Wildlife Service, 2004), 139 pp.

Alberta Wetlands: A Law and Policy Guide (Edmonton: Environmental Law Centre/North American Waterfowl Management Plan, 2001), 196 pp.

Occupier's Liability, Trails and Incentives (Edmonton: Environmental Law Centre, 1999), 73 pp.

Reconciling Ecosystem and Political Borders: A Legal Map (Edmonton: Environmental Law Centre, 1998), 200 pp.

A Conservation Easement Guide for Alberta (Edmonton: Environmental Law Centre, 1997), 72 pp.

Private Conservancy: The Path to Law Reform (Edited Conference Proceedings) (Edmonton: Environmental Law Centre, 1994), 272 pp.

Alberta Public Rangeland Law and Policy (Edmonton: Environmental Law Centre, 1993), 145 pp.

 

Chapters in Books, Proceedings, or Essay Series:

"Water Scarcity and Aquatic Sustainability: Moving Beyond Policy Limitations," in the proceedings  of the International Conference, Implementing Environmental Water Allocations, Port Elizabeth, South Africa, February 23-26 

"Legal and Economic Tools and Other Incentives to Achieve Wildlife Goals," Canadian Wildlife Law Project occasional paper series (Calgary: Canadian Institute of Resources Law, 2006), pp. 1-25

"Wildlife Management Beyond Wildlife Laws," Canadian Wildlife Law Project occasional paper series (Calgary: Canadian Institute of Resources Law, 2006), pp. 1-27

"Wildlife Stewardship," Canadian Wildlife Law Project occasional paper series (Calgary: Canadian Institute of Resources Law, 2006), pp. 1-19

"Enforcing Wildlife Law," Canadian Wildlife Law Project occasional paper series (Calgary: Canadian Institute of Resources Law, 2006), pp. 1-19

"Alberta Supreme Court and Water," in The Alberta Supreme Court at 100, ed., Jonathan Swainger (University of Alberta Press & Osgoode Society for Canadian Legal History, 2007), pp. 193-226

"Water Saturates Alberta's Public and Political Agendas," with Danielle Droitsch and Linda Duncan, in Environmental Law: The Year in Review 2006, eds., S. Berger and D. Saxe (Aurora: Canada Law Book, 2006), pp. 159-175

"Municipal and Land-Use Planning," in Environmental Law and Policy, second and third editions, eds. E. Hughes, A. Lucas, and W. Tilleman (Toronto: Emond-Montgomery, 2003), third edition pp. 521-562

"What is Currently Being Done to Conserve Natural Areas in Edmonton," in Conserving Edmonton's Natural Areas: A Framework for Conservation Planning in an Urban Landscape (Edmonton: City of Edmonton/Alberta Environmental Network, 2001), pp. 17-24

"What May Edmonton Do, as a Municipality, to Conserve Natural Areas," and "A Conservation Toolbox," in Conserving Edmonton's Natural Areas: A Framework for Conservation Planning in an Urban Landscape (Edmonton: City of Edmonton/Alberta Environmental Network, 2001), pp. 52-71

"Water Quality and Enforcement of the Water Act," in Water Act: Legal Education Society Water Seminar Proceedings (Calgary: Legal Education Society of Alberta, 1998), Part III, pp. 1-17

"Law and Policy to Protect and Restore Biodiversity in the Prairie Provinces," in Biodiversity Law in Canada: Review and Recommendations, ed. Ian Attridge (Toronto: CIELAP, 1996), pp. 251-290

"Legal Mechanisms for Private Land Conservancy in Alberta: A Call for Law Reform," in Private Conservancy: The Path to Law Reform, ed. Arlene Kwasniak (Edmonton: Environmental Law Centre, 1994), pp. 41-62

"Conservation Easements, the Land Titles Act and Foreclosure, the Planning Act and Occupiers Liability Act," in Private Conservancy: The Path to Law Reform, ed. Arlene Kwasniak  (Edmonton: Environmental Law Centre, 1994), pp. 211-222

"Biodiversity and the Ecosystem Approach: Issues for the Five Year Review of the Canadian Environmental Protection and Enhancement Act," in Reforming the Canadian Environmental Protection and Enhancement Act (Toronto: Canadian Environmental Network, 1994)

"Legal Mechanisms for Private Land Conservancy in Alberta," in The Federation of Alberta Naturalists Proceedings of 12% by 2000 (Edmonton: Federation of Alberta Naturalists, 1992), pp. 21-29 (reprinted by the Environmental Law Centre, 1993)

 

Journal Articles 

“Inflating and Deflating: Courts and State/Crown Ownership and Management of Water” (2012) Public Land & Resources Law Review (forthcoming)

"Use and Abuse of Adaptive Management in Environmental Assessment Law and Practice: A Canadian Example and General Lessons," forthcoming in the Journal of Environmental Assessment Policy and Management, (2010/11)

"Instream Flow and Athabasca Oil Sands Development: Contracting out/waiver of legal water rights to protect instream flow - a legal analysis" forthcoming in the Alberta Law Review, Vol. 48, No.1 (2010) , pp 1-35.

"Environmental Assessment, Overlap, Duplication, Harmonization, Equivalency, and Substitution: Interpretation, Misinterpretation, and a Path Forward," in the Journal of Environmental Law and Practice, Vol. 20, No. 1, pp. 1-35 (2009).

"Water Scarcity and Aquatic Sustainability: Moving Beyond Policy Limitations", Denver Water Law Review, Vol. 13, No.2. (2010), pp. 321-361.

"Conservation Easements: Pluses and Pitfalls Generally and for Municipalities" Alberta Law Review, Vol. 46, No. 4 (2009) pp. 651-675.

"Right to Rainwater - A Cloudy Issue" (A. Kwasniak and D. Hursh), Windsor Review of Law and Social Issues, Vol. 26, Spring Issue (2009), pp. 105-128

"Dribs and Drabs: Western U.S. and Canadian Responses to Water Scarcity," (A. Kwasniak and  A. Lucas), Rocky Mountain Mineral Law Institute Vol. 53, (2008), pp. 16(1)-16(35)

"Water under the Bridge: The Role of Instream Flow Needs in Alberta Water Management," (M. Wenig, A. Kwasniak and M. Quinn), in Proceedings of "Water: Science & Politics," The Annual Conference of the Alberta Society of Professional Biologists (Calgary: Alberta Society of Professional Biologists, CD publication) (2008)

"Water under the Bridge: The Role of Instream Flow Needs in Federal and Inter-jurisdictional Water Management," (M. Wenig. A. Kwasniak, and M. Quinn), in Proceedings of "Water: Science & Politics," The Annual Conference of the Alberta Society of Professional Biologists (Calgary: Alberta Society of Professional Biologists, CD publication) (2008)

"Alberta Crown Ownership of Slough/Marsh Wetlands," Journal of Environmental Law and Practice, Vol. 18, No. 4 (2007), pp. 77-106

"Waste Not Want Not: A Comparative Analysis and Critique of Legal Rights to Use and Re-Use Produced Water-Lessons for Alberta," Denver Water Law Review, Vol. 10, No. 2 (2007), pp. 357-390

"Freshwater Ecosystem Restoration in the Columbia River Basin: Three Canadian Perspectives," Transnational Lawyer, Pacific McGeorge Global Business and Development Law Journal, Vol. 19, No. 1 (2006), pp 173-194

"Property Rights and the Legal Framework for Carbon Sequestration on Agricultural Lands," with S. Kennett and A. Lucas, Ottawa Law Review, Vol. 37, No.2, (2005), pp 171-214

"Quenching Instream Thirst: A Role for Water Trusts in the Prairie Provinces," Journal of Environmental Law and Practice, Vol. 16, No.3 (2006), pp. 211-227

"Will Canada be forced to share its water?" Unleashed Opinion column, UMagazine, Calgary (Winter 2006), p. 49

"The St. Mary's Irrigation District Licence Amendment Decision: Irrigation Districts as a Law unto Themselves," with Nigel Bankes, Journal of Environmental Law and Practice, Vol. 16, No.1 (2005), pp. 1-18

Book Review of Coyle and Morrow, The Philosophical Foundations of Environmental Law - Property Rights and Nature, Philosophy in Review (October 2005), pp. 336-339

"Slow on the Trigger: The Department of Fisheries and Ocean, the Fisheries Act and the Canadian Environmental Assessment Act," Dalhousie Law Journal, Vol. 27, No. 2 (2004), pp. 349-377

"The Potential for Municipal Transfer of Development Credits Programs in Canada," Journal of Environmental Law and Practice, Vol. 15, No. 2 (2004), pp. 47-70

"The Friends of the West Country Association v. Minister of Fisheries and Oceans Director, Marine Programs, Canadian Coast Guard (F.C.T.D.): The "Sunpine Decision," Alberta Law Review, Vol. 36, No. 4 (1998), pp. 1032-1038

"A Framework for How Laws and Legal Policies Shape Landscapes," Landscape Journal, Vol. 15, No. 2 (1996), pp. 154-162

"Critical Notice of Elizabeth Brubaker, Property Rights in Defense of Nature," Alberta Law Review, Vol. 34, No. 4 (1996), pp. 993-1004

"Facilitating Conservation: Private Conservancy Law Reform," Alberta Law Review, Vol. 31, No. 4 (1993), pp. 607-623

"Policing the Environment," Canadian Police College Journal, Vol. 16, No. 1 (1992), pp. 1-23

"Nature of a Landowner's Property Rights to Develop Wetlands," Journal of Environmental Law and Practice, Vol. 1, No. 3 (1991), pp. 317-322

 

 

Translation:

 

"Miten lait ja oikeuskaytannot muovaavat maisemia" ("A Framework for How Laws and Legal Policies Shape Landscapes" originally published in Landscape Journal, Vol. 15, No. 2 (1996), pp. 154-162) trans. T. Nuopponen, in Maiseman kanssa kasvokkain (Face to Face with the Landscape), eds., Y. Sepänmaa, L. Heikkilä-Palo, and V. Kaukio (Helsinki: Maahenki Oy, 2007), pp. 254-266

 

Magazine Articles

"Not so fast: don't scrap environmental assessments," Lawyers Weekly, (May 15, 2009)

"Will Canada be forced to share its water?" Unleashed Opinion" column, UMagazine, Calgary, (Winter 2006), p. 49

"Water scarcity, and bursting out of the box," LawNow, June-July (2004), pp. 9-11

"New Split Receipting Income Tax Rules for Charitable Gifts" in the Environmental Law Centre NewsBrief, Vol. 18, No. 2, (2003)

"Access to Grazing Leases, Still a Cloudy Issue," The Alberta Game Warden, V. 8, No. 2 (1996), pp. 16-19

"Surface Rights: Of Accounts Payable," Oilweek, V. 44, No. 51 (1993) pp. 17-18