…Also from the Premiers’ Summit: Ontario Announces Cap-and-Trade

The main outcome of the Quebec City meetings occurred beforehand on April 13, with the Joint Statement of Intent from the Ontario and Quebec Premiers. Ontario announced that it would join Quebec in a cap-and-trade system to reduce carbon emissions. The Ontario government press release, provides links to earlier discussion papers and whatever details are currently available. Reactions to the announcement were generally positive but tinged with questions about the effectiveness of the cap-and-trade system. See Want to make Polluters pay? Opt for a carbon tax over cap and trade from EcoJustice or reaction from Environmental Defence. From  the new Clean Economy Alliance of Ontario, launched on April 8 by 50+ Ontario businesses, labour unions, the Ontario Federation of Agriculture, and environmental groups: “Ontario should join with the many other jurisdictions around the world in putting a price on carbon. The province must also take complementary actions in other key sectors across Ontario’s economy including energy efficiency, renewable energy, climate friendly land-use planning, and low-carbon transportation”. 

Northern Gateway Headed to Court as NEB Approval Provokes Criticism of Review Process

On December 19th, the National Energy Board granted conditional approval to the controversial Enbridge Northern Gateway pipeline, citing 209 conditions.The federal NDP and Green parties criticized the decision, while some opponents of the pipeline allege the joint review panel itself has been “undemocratic” and has undermined the integrity of the environmental review process in general, echoing an August 2013 lawsuit in which NGO ForestEthics claimed NEB public participation rules were unconstitutional. A series of at least 10 lawsuits has been launched in response to the NEB approval, notably one by B.C. Nature and one by a coalition of NGOs including EcoJustice, ForestEthics, Living Oceans Society, and Rainforest Conservation Foundation. The environmental groups allege the Joint Review Panel (JRP) final report contains serious legal and scientific gaps, such as uncertainty regarding geohazards along the pipeline route and the behaviour of spilled bitumen in marine environments. They claim the JRP also failed to address legal obligations to the humpback whale and caribou populations whose habitats lie in the pipeline path, both of which are protected under the Species at Risk Act.

Three First Nations, Gitxaala, Git’gat, and Haisla, have launched lawsuits of their own calling for federal review of the NEB decision. They claim their unique constitutional rights regarding development on their lands were also neglected during the review process.

Read the press release from EcoJustice on their lawsuit at: http://www.ecojustice.ca/media-centre/press-releases/environmental-groups-launch-lawsuit-over-flawed-northern-gateway-report. CBC coverage of lawsuits from environmental groups is available at: http://www.cbc.ca/news/canada/british-columbia/northern-gateway-pipeline-report-draws-lawsuit-1.2501051; coverage of First Nations lawsuits is available at: http://www.cbc.ca/news/canada/british-columbia/gitga-at-northern-gateway-lawsuit-joins-9-other-challenges-1.2507155.

According to West Coast Environmental Law, Enbridge may be experiencing difficulty attracting investment to the project in light of persistent opposition. See: NEB’s Thumbs Up Ignores Wall of Opposition that will Stop Enbridge (Jan. 16) is at: http://wcel.org/resources/environmental-law-alert/neb%E2%80%99s-thumbs-ignores-wall-opposition-will-stop-enbridge.

B.C. Court Challenge to Water Use in Fracking

EcoJustice, Sierra Club B.C., and The Wilderness Committee announced on November 13th that they have launched a lawsuit in the B.C. Supreme Court. The suit aims to stop the British Columbia Oil and Gas Commission from granting repeated short-term water use approvals to oil and gas companies. This practice allows the gas industry to exploit fresh water for fracking operations (among other things). See the EcoJustice press release at:  http://www.ecojustice.ca/media-centre/press-releases/water-usage-by-fracking-operations-challenged-in-b.c.-supreme-court.