Abstract
This chapter provides an overview of the Canadian and U.S. decisionmaking processes potentially applicable to Fundy tidal power and highlights the legal and administrative uncertainties inherent in federal review mechanisms, state and provincial permit procedures, and judicial proceedings. The first section examines the U.S. framework of state and federal laws which would impose technological and environmental review requirements on a domestic hydro-electric project or a Canadian Fundy tidal power project. The chapter next reviews the Canadian legal framework for regulating tidal power development and focuses on the regime most likely to apply to the Fundy Tidal Power proposals. The final section compares the American and Canadian legal systems for controlling hydro-electric projects and concludes by analyzing which system is better equipped to address concerns over long-range, indirect environmental effects. Chapter 4 then examines this question in considerable detail, focusing on specific instances where the two systems were called upon to consider indirect and transboundary environmental effects.
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