Kimberly Howard is a partner in our Business Law Group in Calgary and the National Environmental, Regulatory and Aboriginal Group. Her practice focuses on the areas of energy, regulatory, natural resources and environmental law. Her experience in energy 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.
Kimberly has also concentrated her practice on environmental counselling, 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.
In addition to her practice, Kimberly has taught the Regulatory Theory at the University of Calgary’s Faculty of Law. She is also a Director for the Canadian Energy Law Foundation and Survive and Thrive Cancer Programs.
Kimberly’s energy, environmental and regulatory experience includes:
- Advising renewable and natural gas electric generators in connection with all aspects of project development, including environmental and regulatory permitting, land tenure and project ownership and financing structures.
- Representing renewable electricity generators in connection with competitive procurement processes including the Alberta Electric System Operator’s Renewable Electricity Program and Saskatchewan Power Corporation’s wind and solar procurements.
- Representing and advising a client in connection with an environmental prosecution pursuant to the Canadian Environmental Protection and Enhancement Act.
- 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 (now the Alberta Energy Regulator).
- 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.
Recent publications include:
- "Regulating Hydraulic Fracturing: Regulatory Recourse for Subsurface Communication” (2015), 54:1 Alberta Law Review 141.
- 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.