In mid-August, ForestEthics Advocacy and activist Donna Sinclair filed a constitutional challenge in the Federal Court of Canada, seeking to overturn the amendments to the National Energy Board Act which were passed in the 2012 omnibus budget bill C-238, and which make it more difficult for citizens to speak out in regulatory hearings. Clayton Ruby, Chair of the Board of ForestEthics, is also seeking an injunction to prevent the National Energy Board from making a recommendation to cabinet on Enbridge’s Line 9B application until the constitutional challenge has been dealt with.

See the Globe and Mail report of August 13th at: http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/activists-launch-suit-in-federal-court-over-ability-to-oppose-proposed-pipeline-projects/article13721850/. The ForestEthics press release is at: http://www.forestethics.org/blog/press-release-forestethics-advocacy-challenges-harper-government-energy-rules-court, the 4-page Backgrounder is at: http://www.forestethics.org//sites/forestethics.huang.radicaldesigns.org/files/Backgrounder-ForestEthics-Advocacy-Lawsuit.pdf.

In Alberta, the Pembina Institute appeared in court on September 5, appealing a Government of Alberta decision which denied the Institute a voice in the 2009 regulatory review of the Southern Pacific Resource Corporation’s proposed oil sands project on the MacKay River near Fort McMurray. See the Pembina news report at: http://www.pembina.org/media-release/2477.