I’ve been keeping my eye on the Orphan Well issue in Alberta from a distance, somewhat in part because of everything I learned about the problem when writing about the Supreme Court of Canada challenge around how the obligations to clean them up interacted with federal bankruptcy law. As it turns out, the Supreme Court said no, companies can’t offload these environmental problems in order to salvage other assets, so Alberta was left with a problem as the huge problems with the way their regulatory system operates has been left with a very big problem. The province’s energy regulator (which has long been accused of being captured by the industry) is finally admitting that their system for determining liabilities has been flawed all along, and the province is saying they’ll be releasing new regulations soon, but we’ll have to see how much more stringent they’re going to be with the provincial government constantly worried that they’ll unduly harm the industry in its weakened state (which is another reason why Kenney has been pressing for those so-called “equalization rebates” from the fiscal stabilization fund in order to put toward remediating orphan wells – because why not get the federal taxpayer to deal with the remediation of environmental liabilities that the province deliberately under-funded in order to keep the good times rolling (and their tax base unsustainably low).
Meanwhile, the number of smaller oil and gas companies who haven’t been paying their taxes to municipalities or rents to farmers and landowners is climbing, leading to a great deal of frustration in the province, and there are calls essentially for these smaller companies to be allowed to go bankrupt so that larger ones can take them over, and they’ll be better capitalized to deal with their environmental liabilities, as happened in Texas several years ago. Then again, seeing as the provincial government and their federal counterparts seem to be so much more beholden to the smaller oil and gas players than they are the big ones (for whom they will deride as being big corporations, because don’t forget they’re right-flavoured populists), so we’ll see how far that line of argument gets them.