Lawyer Profile Detail
Kimberly J. Howard
AREA OF EXPERTISE
University of Calgary
Kimberly Howard is an associate in our National Environmental, Regulatory and Aboriginal Group. Her practice focuses on the areas of regulatory, natural resources and environmental law. Her experience in energy regulatory law includes both electricity, and oil and gas related matters.
Kimberly's practice involves a broad range of regulatory and commercial work involving pipelines, natural gas and electric utilities and energy projects, including renewables. She has experience in all aspects of energy project development, including advising on project ownership and financing structures, tolling and tariff issues and federal and provincial project approval and permitting processes, including environmental review processes, and assisting with the preparation of project approval applications. She has appeared before regulatory tribunals, including the Alberta Energy Regulator, the Alberta Utilities Commission and the National Energy Board.
In addition to her practice, Kimberly teaches Regulatory Theory at the University of Calgary's Faculty of Law.
Kimberly has also concentrated her practice on environmental counseling, analysis of new regulations, environmental issues raised in commercial transactions and environmental assessment and permitting. She advises clients on environmental law issues in transactions such as mergers, commercial acquisitions, lending transactions, securities offerings and leasing.
Kimberly's practice also specializes in climate change law, where she provides strategic advice to clients on matters relating to offset systems, offset protocols, verification procedures and emissions trading.
Prior to specializing in energy and environmental law, Kimberly practiced in our Real Property and Planning Group in Calgary.Her practice included acting for companies in the purchase, sale and leasing of commercial properties and acting for financial institutions with respect to lending transactions secured by real property interests.
Kimberly received her BA in sociology from the University of Alberta and her LLB from the University of Calgary. In 2015, she completed a Master of Laws at the University of Calgary in Energy, Natural Resources and Environmental Law. The focus of her academic research was the regulation of hydraulic fracturing and regulatory tools to address subsurface communication.
Kimberly's environmental and regulatory experience includes:
- Representing an intervening shipper in connection with the application by Trans Mountain Pipeline LP for tariff amendments regarding verification procedures, before the National Energy Board.
- Representing a power generator in connection with an application to amend its facility approval before the Alberta Utilities Commission.
- Advising the Independent Power Producers Society of Alberta in connection with the development and negotiation of the template transactional agreements for the implementation of the Alberta Energy Market Participant Choice for Transmission Policy.
- Assisting renewable generators with the development of offset protocols and reviewing verification documents and managing registration of offsets.
- Advising commercial real estate developers regarding the: (i) the development and conservation of urban wetlands; (ii) the negotiation and compensation arrangements with Alberta Environment and Sustainable Resource Development (now Alberta Environment and Parks) and municipalities; and (iii) the management and remediation of contaminated sites.
- Representing Surge Energy Inc. in connection with holding applications for special oil well spacing in the Valhalla Field and review and variance applications related to well licensing, before the Energy Resources Conservation Board.
- Representing NaturEner USA, LLC in the Objections to ISO Rules Section 203.6 - Available Transfer Capability and Transfer Path Management proceeding, before the Alberta Utilities Commission.
- Representing Four Winds Energy Services Ltd. in connection with an appeal of an enforcement decision on a disposal well, before the Energy Resources Conservation Board (now the AER).
Recent publications include:
- "Regulating Hydraulic Fracturing: Regulatory Recourse for Subsurface Communication” (April 2015), accepted for publication in a forthcoming issue of the Alberta Law Review.
- Last Directors Standing: Expanding the Scope of Directors’ and Officers’ Environmental Liability in the Northstar Aerospace Case (Lexology, November 11, 2013) – Co-authored with Selina Lee-Andersen.
- R. v. Syncrude Canada Ltd. 2010 ABPC 229 - A Case of Overstated Significance (Lexology, July 22, 2010).
- Quoted in article “Power Programs, Innovative New Graduate Offerings Respond to Changing Needs of Students and Society” after interview with Beth Frank, U Magazine, University of Calgary, Spring 2011 at 29.
Transactions & Cases
Sunshine Oilsands completes C$580 million initial public offering on the Hong Kong Stock Exchange
Gibson Energy closes IPO and completes refinancing
Anglo American completes US$1.08 billion sale of Moly-Cop and AltaSteel to OneSteel
Apex Limited Partnership sells substantially all of the assets of Centrex Homes Edmonton Limited Partnership
Quebecor World emerges from Chapter 11 and CCAA Protection