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Duff Harper

Partner, Calgary Office

Telephone  403-260-9710
Facsimile  403-260-9700
email
 

Profile

Dufferin (Duff) Harper practises in the areas of environmental law, commercial litigation and regulatory law. He is the head of the Blakes Environmental Group in Calgary and has been recognized as a leading environmental law practitioner in The Best Lawyers in Canada annually since 2007 and as a leading business lawyer in the area of environmental law in Law Business Research's Who's Who Legal: Canada 2010.

Duff routinely acts for clients on environmental due diligence and liability issues, especially as they pertain to brownfield redevelopment. He has acted as lead counsel in several contaminated sites litigation cases, both on behalf of contaminated property owners and parties who were allegedly responsible for the contamination. He has appeared before numerous levels of courts and assessment tribunals, including tribunals constituted pursuant to the Canadian Environmental Assessment Act (CEAA).

Duff holds a bachelor of science degree and a master of science degree from Dalhousie University. His master's thesis was in the area of environmental toxicology. He graduated with distinction from the University of New Brunswick Law School in 1991. He is a member of both The Law Society of Alberta and the Nova Scotia Barrister's Society.

Duff is a past chair of the National Environmental Law Section of the Canadian Bar Association. From 1999 to 2006, he taught a course on business and environmental law at Dalhousie Law School.

In addition to his environmental, litigation and regulatory expertise, Duff has also been involved with numerous insolvencies, bankruptcies and creditor realizations. His experience has including being involved in the appointment of, and acting on behalf of, both privately appointed and court-appointed receivers, as well as trustees in bankruptcy and monitors appointed pursuant to the CCAA.

Selected Experience

  • Environmental aspects of commercial transactions
  • Contaminated sites and brownfield remediation
  • Environmental due diligence
  • Regulatory permits and approvals associated with major projects
  • Counsel for area residents at the Canadian Environmental Assessment Panel Review of Sydney Tar Ponds and Coke Oven Sites in Nova Scotia
  • Counsel for a large land developer challenging a decision by the provincial Minister of Environment and the use of ministerial discretion
  • Counsel for an international mining company in an environmental audit of mining reclamation operations
  • Counsel for a Canadian chartered bank on a multimillion-dollar financing of waste energy power generation facilities
  • Counsel in numerous commercial disputes, including counsel for a natural gas company in a multimillion-dollar contractual dispute involving more than 40 days of trial
  • Adviser to the Office of the Auditor General of Canada (Commissioner of the Environment and Sustainable Development) on its 2009 audit of the extent to which federal government entities complied with the provisions of CEAA


 
     
 

Areas of Law

Environmental
Litigation & Dispute Resolution
Energy
Restructuring & Insolvency
CleanTech
 
 

Education

Admitted to the Alberta Bar - 2007
Admitted to the Nova Scotia Bar - 1992
LL.B., University of New Brunswick - 1991
M.Sc. (Biology), Dalhousie University - 1986
B.Sc. (Hon., Marine Biology), Dalhousie University - 1983
 
 

Media Appearances

Interviewed - "Energy Independence and Security Act", Segment on Section 526, by Helena Devries for Energy-TV, Aired on February 28, 2009.

Interviewed - "Oilsands Projects Expensive But Production Needed Over Long-Term", Article by Lynda Harrison, Daily Oil Bulletin, January 14, 2009.

Quoted - "The GHG Quandary, Whose Problem is it Anyway?", Interviewed by Matthew McClearn for Canadian Business, September 15, 2008.

Interviewed - "The Legal Mire in Oil Sands", Article by Daryl-Lynn Carlson, National Post, Photographed by Grant Black/Canwest News Service File Photo, July 9, 2008.

 
 

Recent Publications

Co-author - "Birds, Bitumen and the Role of an Environmental Approval in the Context of Due Diligence", Blakes Bulletin on Environmental Law, July 2010.

Co-author - "Getting the Deal Through, Oil Regulation 2010", Canada Chapter, July 2010. Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Oil Regulation 2010 (published in July 2010; contributing editor Ron Deyholos, Blake, Cassels & Graydon LLP). For further information please visit www.GettingTheDealThrough.com.

Author - Overview of Environmental Regulatory Regime Related to Alberta Oil Sands Activities", Blakes Lawyers, June 2010.

Co-author - "Getting the Deal Through, Gas Regulation 2010, Canada Chapter", Law Business Research Ltd., London, UK, March 2010.

Author - "Recent Court Rulings Confirm SARA Requirements Not Met", Environment Policy & Law, p. 2065, February 2010.

Author - "Regional Planning Focus New for Alberta - Legislation Looks Beyond Project-Specific Issues and Outcomes", Canadian Property Management, Vol. 24, No. 7, pp. 60-61, November 2009.

Co-author - "A Wolf in Sheep's Clothing: What to do When the Alberta Regulator Rings Twice", Blakes Bulletin on Litigation - Regulatory, November 2009.

Author - "Alberta Implements Land-Use Framework - Ushers in New Era of Land-Use Planning", Blakes Bulletin on Environmental Law, October 2009.

Author - Alberta Proposes RFS Approach Requires Additional Clarification", Alberta Law, p. 1197, August 2009.

Co-author - "Alberta Finally Adopts Process for Issuance of Remediation Certificates", Blakes Bulletin on Environmental Law, July 2009.

Co-author - How U.S. Protectionism and Elevated Greenhouse Gas Emissions will Impact Demand for Oil from the Alberta Oil Sands (and how to fight back)", Global Petroleum Conference, Stampede Park, Calgary, Alberta, June 9-11, 2009.

Co-author - "New Regulations Exempting Certain Infrastructure Projects from Federal Environmental Assessments Already Being Challenged", Blakes Bulletin on Environmental Law, May 2009.

Co-author - "The Role of Emissions Offset Trading in North American Greenhouse Gas (GHG) Emissions Regimes", Blakes Bulletin on CleanTech, March 2009.

Co-author - "Canadian Institute of Chartered Accountants Provides Climate Change Disclosure Guidance for Public Companies", Blakes Bulletin on Environmental Law, December 2008.

Co-author - "Section 526 of the U.S. Energy Independence and Security Act Remains Alive and Well - Effect on Alberta Oil Sands Still Unknown", Blakes Bulletin on Energy - Oil & Gas, November 2008.

Author - "American Domestic Policy Creates Unintended Turmoil in the Canadian Oil Sands", Inside Counsel, p. 32, November 2008.

Author - "Environmental Damages - How Complicated Can They Be?", the Society Record, Law & the Environment: saving the planet, one case at a time, Nova Scotia Barristers' Society, October 2008.

Co-author - "Alberta Oil Sands - Energy Panacea or Energy Pariah", Eco Bulletin, National Environmental, Energy and Resources Law Section Newsletter, with Sheila Slocum Hollis of Duane Morris, LLP, October 2008.

Author - "Industry Input Sought Regarding Draft Directive On Oil Sands Tailings Performance Criteria", Blakes Bulletin on Energy-Oil & Gas/Environmental Law, August 2008.

Author - "Federal Court of Appeal Reaffirms Government Discretion in Scoping of Federal Environmental Assessments", Blakes Bulletin on Environmental Law, July 2008.

Author - "(Some) Emerging Issues of Environmental Concern", Blakes Seminar - Making Sense of Environmental Policies and Regulations in an Uncertain World, Calgary, Alberta, May 29, 2008.

Author - "Alberta Oil Sands: Poster Child For The New Reality", 2008 CBA National Environmental, Energy & Resources Law Summit, Ottawa, Ontario, May 15-16, 2008.

Co-author - "Federal Court Decision in Kearl Creates Further Uncertainty and Delay for Oil Sands Projects", Blakes Bulletin on Energy - Oil & Gas/Litigation, May 15, 2008.

Author - "Controlling Greenhouse Gas Emissions: An Overview of Provincial Initiatives", Blakes Video Conference, Calgary, Alberta, March 3, 2008.

Co-author - "Environmental Assessments and Greenhouse Gas Emissions", Blakes Bulletin on Environmental Law, March 2008.

Author - "Water Woes In Southern Alberta", Blakes Bulletin on Environmental Law, September 2007.

 
 

Recent Professional Activities

Speaker - "Gasification Regulatory and Legal Issues: Know Your Responsibilities", The Canadian Institute Gasification Conference, Calgary, Alberta, May 18, 2010.

Speaker - " Alberta Water Regulation and Management ('Past, Present and Future')", Conference on Environmental Law and Regulation in Alberta, The Canadian Institute, Calgary, Alberta, April 27, 2010.

Co-chair - "Conference on Environmental Law and Regulation in Alberta", The Canadian Institute, Calgary, Alberta, April 27, 2010.

Moderator - " Knowing the Boundaries - How Far Can Auditors Go", Auditing Association of Canada Annual Conference, Kananaskis, Alberta, April 19-21, 2010.

Moderator - "Energy Trade: Regulatory Compliance Across International and Provincial Borders", Canadian Bar Association 2010 National Environment, Energy and Resources Law Summit, Montreal, Quebec, April 16-17, 2010.

Co-speaker - "The 2010 National Environment, Energy and Resources Law Summit: A New Environment - 2010 and Beyond", The Canadian Bar Association, Montreal, Quebec, April 16-17, 2010.

Speaker - "Greenhouse Gas Regulation: The State of Play in the U.S.", Blakes Seminar with Selina Lee-Andersen for Various Clients, Calgary Petroleum, Club, Calgary, Alberta, March 4, 2010.

Co-speaker - " A Wolf in Sheep's Clothing: What to do When the Regulator Rings Twice", Imperial Oil Limited Surplus Property Management Conference, Calgary, Alberta, February 23, 2010.

Speaker - "Greenhouse Gases: The State of Play in the U.S.", 7th Annual Canadian Oil Sands Summit, Calgary, Alberta, February 2-3, 2010.

Co-speaker - " A Wolf in Sheep's Clothing: What to do When the Regulator Rings Twice", Regulatory Seminar, Petroleum Club, Calgary, Alberta, November 18, 2009.

Speaker - " Alberta - An Island of Emissions Intensity in a Sea of Cap and Trade", Canadian Bar Association DOJ-Day, Ottawa, Ontario, November 6, 2009.

Speaker - " Overcoming the Legal Challenges of CO2-Based EOR", The Canadian Institute: Enhanced Oil Recovery, Calgary, Alberta, September 30, 2009.

Speaker - " Alberta's Overall Strategy for Oil Sands and Tailings Management", The Canadian Institute: Best Practices in Tailings Management and Reclamation, Calgary, Alberta, September 17, 2009.

Speaker - "Managing Insolvency in Construction Projects", Construction Law Strategies for 2009: Risk Redefined, June 17, 2009.

Speaker - "Alberta Oil Sands: Proxy for the Energy/Environment Wresting Match", Canadian Oil Sands Summit, Calgary, Alberta, January 13-14, 2009.

Speaker - "The Kearl Oil Sands Decisions", Canadian Bar Association, Department of Justice Day, November 6-7, 2008.

Speaker - "Greenhouse Gas (GHG) Emissions in Alberta - More Than Just Hot Air", Canadian Bar Association, Department of Justice Day, November 6-7, 2008.

Speaker - "Business Implications of Greenhouse Gas Emissions to Alberta Companies", Blakes Environmental Symposium, October 21, 2008.

Speaker - "Environmental Assessments Update on Scoping and Cumulative Effects", Blakes Seminar - A "How To" Seminar for Environmental Consultants, September 24, 2008.

Speaker - "Environmental Attributes of Energy/British Columbia's Changing Energy Laws - Impacts on Alberta Energy Producers", Presented to Independent Power Producers Society of Alberta (IPPSA) on June 24, 2008.

Speaker - "Greenhouse Gas (GHG) Emissions - More Than Just Hot Air ", Blakes Seminar - Storm Clouds: How to Prepare for Climate Wars, Calgary, Alberta, June 10, 2008.

Speaker - "The Kearl Sands Decisions", Blakes Seminar - Making Sense of Environmental Policies and Regulations in an Uncertain World, Calgary, Alberta, May 29, 2008.

Speaker - "Successfully Maneuvering Through Regulatory Hurdles to Brownfield Redevelopment", Canadian Institute, Calgary, Alberta, October 11-12, 2007.

Speaker - "Auditor Liability", Canadian Environmental Auditing Association, Halifax, Nova Scotia, September 24-25, 2007.

Speaker - "Termpol Review Process", Canadian Petroleum Law Foundation, St. John's, Newfoundland, September 19-22, 2007.

Speaker - "Energy Projects in Alberta - Planning Amidst Change", Insight Information Conference, Vancouver, British Columbia, September 17-18, 2007.

 
     
     
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