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Thomas W. McInerney

Partner

Partner |

T: 403.298.4484

Calgary

McInerney Tom
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 403.298.4484


Calgary

  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Thomas McInerney acts for energy companies on a broad range of commercial transactions, both in Canada and internationally.

Tom assists with asset and share purchase and sale transactions, corporate/commercial reorganizations and restructurings, new project development, structuring joint ventures and partnerships, marketing arrangements and licensing, and the use of proprietary technology. He also has considerable experience with large engineering procurement and construction projects particularly within the oil sands, pipeline and power generation and transmission industries. Tom’s practice has a particular emphasis on renewable power projects including solar, wind and co-gen biomass facilities, and has experience representing power project developers and owners, as well as large-scale corporate offtakers of renewable power.

Co-head of the firm's climate change and emissions trading practice, Tom also advises clients with respect to compliance issues and strategies in respect of climate change and emissions legislation in respect of both existing and new projects as well as representing project proponents, aggregators and large emitters in the marketing and sale of emissions offsets, emission performance credits, renewable energy certificates (RECs) and other emission trading credits and instruments.

Education

University of Lethbridge, BA, 1994 University of Alberta, LLB, 1998 

Bar Admissions

Alberta, 1999

Recent Experience

Cenovus Energy Inc., in its $23.6-billion proposed acquisition of Husky Energy Inc.
TELUS Corporation, in respect of a long-term renewable power purchase agreement as sole offtaker from the Brooks Solar Project, a 15MW solar power generation facility located in Brooks, Alberta, including the acquisition of renewable energy certificates (RECs) associated with such renewable power.
First Solar Inc., in the development, permitting, financing and divestiture of an Ontario-based 50 MW solar energy facility to a partnership consisting of GE Energy and Plutonic Holdings for a purchase price of approximately $400 million.
First Solar, Inc., development, permitting, financing and divestiture of a 40 MW solar energy facility to NextEra Resources.
Acciona Wind Energy Canada, in connection with the sale of carbon credits generated by an Alberta-based wind farm to an Alberta carbon compliance buyer; and ongoing corporate/commercial, real estate and regulatory advice for a proposed wind project in Alberta.
Acciona Wind Energy Canada, in its potential development of a large utility-scale wind power project in Alberta to take advantage of Alberta’s nascent renewable power procurement program.
Acciona Wind Energy Canada, in its sale to Petro-Canada of emission offsets created from its Alberta wind power projects.
Acciona Wind Energy Canada, in its sale to TransAlta Energy Marketing Corp. of the Verified Emission Offsets generated by its Alberta wind power projects.
Alberta Power (2000) Ltd. and TransAlta Cogeneration, L.P., in their acquisition of emission offsets from the Alberta Balancing Pool.
Alberta Power (2000) Ltd., in its acquisition of emission offsets and emission performance from ENMAX.
ATCO Power, Samsung Renewable Energy and Siksika nation, in the formation of a joint venture for submission of a response to Alberta Infrastructure's RFP (Plan No. 019652) – New Alberta Based Solar Power.
ATCO Power (2010) Ltd., in the sale of emission performance credits to Heartland Generation Ltd. resulting from the Oldman Hydroelectric Power Plant. 
ATCO Power Canada Limited, on behalf of the Muskeg River Cogeneration Facility Owners, in the sale of emission performance credits Shell Canada Limited.
ATCO Power Canada Ltd. and Canadian Natural Resources Limited, in negotiating a Gas Compliance Credits Transfer Agreement.
ATCO Power Canada Ltd., in its acquisition of emission offsets from ERCO Worldwide.
ATCO Power Canada Ltd., in its acquisition of emission offsets from TAQA North Ltd.
ATCO Power Canada Ltd., in its purchase of emission offsets and emission performance credits from TransAlta Energy Marketing Corp.
ATCO Power Canada Ltd., in its purchase of emission performance credits from Lafarge Canada Inc.
ATCO Power Canada Ltd., in its purchase of verified emission credits from TransCanada Energy Ltd.
Heartland Power Project, acting for ATCO Power in connection with the marketing of its GHG credit portfolio, including overall advice in deploying such portfolio in furtherance of its regulatory compliance requirements in respect of development of the proposed Heartland Power Project, being a 400 MW Combined Cycle Gas-Fired Power Project in Alberta.
Heartland Generation Ltd., in its acquisition of emission offsets and emission performance credits from Carbon Credit Solutions Inc.
Battle River Power Project (Alberta), on-going representation of Alberta Power (2000) Ltd., an ATCO subsidiary, regarding the marketing of its GHG credit portfolio, including overall advice in deploying such portfolio in furtherance of its regulatory compliance requirements in respect of the 670 MW coal fired Battle River generating station near Forestburg, Alberta, including in connection with the Battle River Power Purchase Arrangement.
Sheerness Power Project (Alberta), on-going representation of Alberta Power (2000) Ltd., an ATCO subsidiary, regarding the marketing of its GHG credit portfolio, including overall advice in deploying such portfolio in furtherance of its regulatory compliance requirements in respect of the 760 MW coal fired Sheerness generating station near Hanna, Alberta, which is jointly owned by ATCO and TransAlta, including in connection with the Sheerness Power Purchase Arrangement.
Lehigh Cement, in its purchase of emission offsets from Agri-Trend Aggregation Inc.
Lehigh Hanson Materials Limited, in its sale of emission performance credits to TransAlta Energy Marketing Corp.
Lehigh Hanson Materials Limited, in its sale of emission performance credits to Act Commodities, Inc.
Mustus Energy Ltd., in the development, construction and operation of a wood biomass project and the sale of emission offsets created by such project to CP Energy Marketing L.P.
Trans Mountain Pipeline L.P., lead project counsel overseeing the negotiation and drafting of all project documents pertaining to mainline pipeline construction in respect of the Trans Mountain Expansion Project for an aggregate project value in excess of $10 billion dollars.
Cenovus Energy Inc., in its $17.7-billion acquisition of ConocoPhillips’ Deep Basin conventional assets in Alberta and British Columbia and 50% interest in the FCCL Partnership. 
ATCO Pipelines, in all project agreements and associated competitive proposal processes for ATCO Pipelines' Urban Pipeline Replacement (UPR) Project.
ATCO Ltd., in its acquisition of Western Australia Gas Networks (WAGN) in Perth, Australia, for $1 billion. WAGN is a natural gas distribution utility that serves more than 620,000 customers through 12,800 km of natural gas pipelines and associated infrastructure in the Perth metropolitan area including Mandurah, as well as the surrounding regions of Geraldton, Bunbury, Busselton, Kalgoorlie, Albany, Harvey, Pinjarra, Brunswick Junction and Capel.
ATCO Energy Solutions Ltd., in its joint venture development with Petrogas Energy Corp. for the Strathcona Storage Facility, a liquids storage cavern business, near Fort Saskatchewan, Alberta, including associated long-term propane, butane and ethylene storage services agreements, interconnection pipelines and associated transportation rights, product loading and transfer services.
ATCO Gas, in its $550-million sale of Viking assets to Burlington.
Paramount Resources Ltd., in the sale of sour gas processing assets in north western Alberta to Pembina Gas Services Limited Partnership, a wholly owned subsidiary of Pembina Pipeline Corporation, for $600 million.
Fort McMurray West 500 kV Transmission Project, acted for ATCO Electric which was the successful bidder on behalf of the Alberta Powerline (APL) consortium in the procurement by Alberta Electric System Operator of a new 500 kV power transmission line. Currently acting in connection with the proposed approval and construction of the approximately 400 km project in northcentral Alberta between the Wabamun area west of Edmonton and Fort McMurray.
Eastern Alberta Transmission Line (EATL), acted for ATCO Electric, in connection with its construction of the 500 KV DC Eastern Alberta Transmission Line running between Brooks and the Gibbons-Redwater area northeast of Edmonton, including the construction of 485 km of 500 kV DC line, towers and converter stations.
Corridor Resources Inc., in its $100-million joint venture with the Government of Quebec (through its affiliate, Ressources Quebec Inc.), Petrolia Inc. and Establissements Maurel & Prom S.A. (through its subsidiary, Saint-Aubin E&P (Quebec) Inc.)
JAPEX Montney Ltd., a Canadian subsidiary of Japan Petroleum Exploration Co., Ltd. (JAPEX), in the acquisition, from Canadian subsidiaries of PETRONAS, the Malaysian national oil company, of an undivided 10% interest in upstream natural gas assets located in the North Montney area of NE BC and the proposed Pacific Northwest LNG export facility to be built near Prince Rupert, BC.
Japan Canada Oil Sands (JACOS), in commercial matters for development of JACOS Hangingstone Project.
Japan Canada Oil Sands Ltd., in its purchase of 48,000 emission offsets from Cleanit Greenit Composting System Inc.
Perpetual Energy Inc., in the sale and disposition of 90% of its interest in Warwick Gas Storage Inc. to a partnership sponsored by Brookfield Asset Management for total proceeds of $81 million.
Veresen Inc., in the purchase of Encana Corp's midstream gas gathering and processing plants in Alberta and British Columbia for $920 million.
The sponsor, in the development of a 120 MW gas fired generating station in Australia.
The Northwest Territories Energy Corporation / Deze Energy Corporation, in the Taltson River Hydro Expansion Project.
Privately-held owner in the development of its proposed in-situ coal gasification (ISCG) and carbon capture and storage project in Alberta.
NAL Oil & Gas Trust, in its $115-million acquisition of Alberta Clipper Energy Inc.
NAL Resources Ltd., in the negotiation of a VEC Development and Marketing Agreement with Blue Source Methane ULC, in respect of emission offsets created through switching from pneumatic to electric pumps.
MEG Energy, in engineering, procurement, and construction and other commercial matters in MEG's Christina Lake multi-phased SAGD project.
Riverstone Holdings LLC, in their agreement to acquire Gibson Energy Holdings, Inc. from Hunting Plc for a purchase price of $1.25 billion and related financing.
Seneca Resources Corporation, in its $245-million sale to NAL Oil & Gas Trust.
Air Canada, in a wide range of financial transactions, including its restructuring under the Companies' Creditors Arrangement Act.
Air Canada, in the purchase agreements with the Boeing Company in connection with its acquisition of 18 Boeing 777's and 14 787 Dreamliners.
Anadarko Canada Corporation, in the sale of various assets in Central and Southern Alberta and Southeast Saskatchewan to Advantage Oil & Gas Limited for $186 million.
Anadarko Canada Corporation, in two sales, one being the sale of a subsidiary and the second being a smaller sale of assets with proceeds of approximately $853 million.
Gibson Energy ULC, in the successful completion of its previously announced offering of US$560 million of secured notes due 2014.
Matco Investments Limited, in the reorganization of Synsorb Biotech Inc. into an energy company - Hawker Energy Inc., acquisition of assets into Southward Energy Limited and related financings, valued at $170 million.
NAL Oil & Gas Trust and an institutional investor, in the acquisition of working interests in various oil and gas properties from Nexen Petroleum Canada for $278.5 million.
Nexen Inc., in a US$500-million offering of 7.875 percent notes due on March 15, 2032.
Shell Canada, in construction contracts for the expansion of it $6-billion Athabasca Oil Sands Project.

Recent Recognition

Canadian Legal Lexpert Directory
Repeatedly recommended, Energy (Oil & Gas)
Repeatedly recommended, Infrastructure Law
Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers
Recognized as a leading lawyer in Energy in Canada
Lexpert/Report on Business Special Edition - Canada's Leading Infrastructure Lawyers
Recognized as a leading Infrastructure lawyer in Canada
Who's Who Legal: Canada
Recognized, Energy

Insights, News & Events

Announcements

ESG Series: Defining and Driving ESG Within Your Organization

January 08, 2021
       

Blog

Canadian Government Releases Draft Clean Fuel Regulations

December 22, 2020
       

Blog

Canada Proposes New Plan to Invest $15 Billion in Climate Action, Raise Carbon Price to $170/Tonne

December 14, 2020
       

Blog

Federal Government introduces Bill C-12 to Mandate 2050 Net-Zero Emission Requirements

November 20, 2020
       

Blog

Federal Government Launches $750-Million Emissions Reduction Fund for the Canadian Oil and Gas Industry

November 02, 2020
       

Blog

Alberta Introduces New Legislation to Lay the Groundwork for Geothermal Resource Development

October 28, 2020
       

Announcements

Bennett Jones Acts for Cenovus in $23.6-billion Combination with Husky

October 27, 2020
       

Blog

Federal Government Releases Revisions to Strategic Assessment of Climate Change

October 13, 2020
       

Blog

The Government of Canada Announces $10-Billion Infrastructure Growth Plan

October 02, 2020
       

Blog

B.C. Carbon Tax Increase Delayed Further Due to COVID-19

September 04, 2020
       

Announcements

39 Bennett Jones Lawyers Ranked as Infrastructure Leaders

September 03, 2020
       

Blog

Going Nuclear: Alberta Signs Inter-Provincial MOE to Explore Small Modular Reactors

August 12, 2020
       

Blog

Alberta Utilities Commission Releases New Draft Application Rules for Power Plants

August 11, 2020
       

Blog

Alberta's Leadership in Decarbonization

June 12, 2020
       

Blog

More COVID-19 Relief for Employers: The Large Employer Emergency Financing Facility

May 22, 2020
       

Blog

Alberta Ministry of Environment and Parks Announces Equivalency Agreement to Reduce Methane Emissions

May 14, 2020
       

Blog

Federal Government Releases Notice of Intent to Amend Output-Based Pricing System Regulations Due to COVID-19 Pandemic

April 13, 2020
       

Blog

Canada's Attempt to "Forever Alter the Constitutional Balance" Impeded: Alberta Court of Appeal Rules Federal Carbon Pricing Regime Unconstitutional

March 02, 2020
       

Blog

Climate Change Action Dismissed as Non-Justiciable

January 30, 2020
       

Blog

New Charter Litigation Seeks Stable Climate System

October 28, 2019
       

Announcements

Lexpert Ranks 28 Bennett Jones Lawyers as Infrastructure Leaders

September 27, 2019
       

Blog

Trans Mountain: Did the Crown Adequately Discharge Its Duty to Consult?

September 23, 2019
       

Announcements

Bennett Jones Leads Canada in Energy Law

September 03, 2019
       

Blog

Second Appeal Court Rules Federal Carbon Tax Constitutional but the Debate Continues

July 03, 2019
       

Blog

Trans Mountain Pipeline Expansion Project Approved

June 21, 2019
       

Blog

B.C. Releases its Climate Action Plan, CleanBC

December 10, 2018
       
2018
Nov
28
       

Event

Climate Change Breakfast Seminar

Blog

New Details on Application of Federal Carbon-Pricing Backstop

November 06, 2018
       

Announcements

Bennett Jones in Who’s Who Legal: Canada 2018

November 01, 2018
       

Blog

Litigating Securities Fraud in the Climate-Change Era

September 11, 2018
       

In the News

Tom McInerney in Lexpert on Canada’s Shifting Carbon Landscape

August 31, 2018
       

Blog

The Elimination of Ontario's Cap-and-Trade Program

July 31, 2018
       

Blog

Oil Producers Win Another Round in U.S. Climate Change Litigation

July 26, 2018
       

Blog

Oil Producers Succeed in California Climate Change Action

July 04, 2018
       

Blog

Greenhouse Gas Emissions Targets: BC Re-establishes Targets

May 11, 2018
       

In the News

Thomas McInerney in Lexpert on Taxing Carbon

May 2018
       

Speaking Engagements

The Blame Game: Determining Responsibility for Project Delays

March 08, 2018
       

Blog

Government of Alberta Announces New Rounds of Renewable Electricity Program

February 07, 2018
       

Blog

Lowered Threshold for Emissions Reporting for Alberta Facilities

January 10, 2018
       

Blog

Alberta Replaces Specified Gas Emitters Regulation with Carbon Competitiveness Incentive Regulation

January 03, 2018
       

Blog

Institutional Investors Call for Increased, Standardized, Climate-Related Disclosures

December 06, 2017
       

Updates

New Federal Methane Reduction Regulations for the Upstream Oil and Gas Sector

May 31, 2017
       

Updates

New Federal Volatile Organic Compounds Reduction Regulations for the Petroleum Sector

May 31, 2017
       

Updates

Technical Paper on the Federal Carbon Price Backstop Released for Comments

May 31, 2017
       

Blog

Possible New Clean Fuel Standard in Canada

March 07, 2017
       

Updates

Federal Government Announces Pan-Canadian Framework on Clean Growth and Climate Change

December 13, 2016
       

Blog

Renewable Energy Progress: Alberta's proposed Renewable Electricity Act and Key Provisions of the RESA

November 16, 2016
       

In the News

Thomas McInerney on Carbon Pricing in The Bottom Line

November 08, 2016
       

In the News

Thomas McInerney on Green Leadership in Lexpert/Globe and Mail

October 05, 2016
       

Speaking Engagements

Bennett Jones Construction Breakfast Seminar

October 05, 2016
       

Blog

BC's Climate Leadership Plan 2.0 Release

August 31, 2016
       

Blog

Advancing Energy Efficiency Programs in Alberta

June 10, 2016
       

Blog

AESO's Recommendations on Renewable Electricity Program

June 03, 2016
       

Updates

Alberta Announces Bill 20 The Climate Leadership Implementation Act

May 26, 2016
       

Updates

Ontario's Proposed Climate Change Action Plan

May 19, 2016
       

Speaking Engagements

Bennett Jones Construction Seminar and Breakfast

May 17, 2016
       

Updates

Ontario Releases Draft Carbon Market Details

March 01, 2016
       

Related Services

Climate Change
Construction
Energy
Environmental, Social, Governance (ESG)
Oil & Gas
Power & Renewables
Public Infrastructure Projects

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