Resolute Forest Products on Notice after 3M Announces a new Sustainability Policy for Paper Procurement

Following a review of its procurement processes conducted in collaboration with ForestEthics and Greenpeace, multinational 3M released a revised Pulp and Paper Sourcing Policy in March, with high standards for environmental protection and human rights. 3M will no longer use the Sustainable Forests Initiative (SFI) label. Its new policy requires improved monitoring and reporting of source materials, and “free, prior and informed consent by indigenous peoples and local communities before logging operations occur”. The company has already cancelled its contracts with Indonesian Royal Golden Eagle Group-owned suppliers and has warned Montreal-based Resolute Forest Products that it must quickly improve its controversial relationships with First Nations, as well as its practices of logging of caribou habitat and in High Conservation Areas. Read ForestEthics Applauds 3M’s New Industry-Leading Sustainability Plan (March 5), or 3M’s new pulp & paper policy impacts Resolute Forest Products (CBC, March 5). For an excellent history of Resolute’s controversial environmental record, see “Resolute and Greenpeace at Loggerheads” in the Montreal Gazette (Feb 13).

Reaction to the Harper Government Northern Gateway Decision

Neither the Prime Minister nor any cabinet ministers were available for comments or questions about the expected cabinet approval, released at the last possible moment via a brief press release on June 17. “After carefully reviewing the report, the Government accepts the independent Panel’s recommendation to impose 209 conditions on Northern Gateway Pipelines’ proposal.” …” Moving forward, the proponent must demonstrate to the independent regulator, the NEB, how it will meet the 209 conditions. It will also have to apply for regulatory permits and authorizations from federal and provincial governments. In addition, consultations with Aboriginal communities are required under many of the 209 conditions that have been established and as part of the process for regulatory authorizations and permits.” See the press release at http://news.gc.ca/web/article-en.do?mthd=tp&crtr.page=2&nid=858469&crtr.tp1D=1 and the government’s summary statement of the 209 conditions is at http://news.gc.ca/web/article-en.do?mthd=tp&crtr.page=1&nid=858489&crtr.tp1D=930 .

The province of British Columbia has conditions of its own, which Environment Minister Polak reiterated in the official B.C. reaction to the decision on June 17 at http://www.newsroom.gov.bc.ca/2014/06/northern-gateway-pipeline-more-work-needed-to-meet-bcs-five-conditions.html. Most notably, the First Nations of B.C. have condemned the decision: see the Coastal First Nations website at http://www.coastalfirstnations.ca/ , where Art Sterritt, Executive Director of the Coastal First Nations says: “The government’s announcement giving its approval to Enbridge is meaningless. ‘It’s an approval in name only. This project is dead. ’…… The project can’t proceed with these conditions. We’ve been clear there is no technology to clean up an oil spill and the dispersant that is used causes more damage than the oil itself.” (http://www.coastalfirstnations.ca/news-release/june-17-2014-215pm ).

Another press release from the Coastal First Nations, on June 16th, states: “With many First Nations gearing up for court battles to protect their territories from this risky proposal, representatives of Coastal First Nations, Dogwood Initiative, Unifor, West Coast Environmental Law, Douglas Channel Watch and One Cowichan promised to work together to defeat Northern Gateway, regardless of any approvals issued by the federal cabinet.”

The internet is alive with opposition campaigns: Within B.C., the Dogwood Initiative is calling for a referendum at Let B.C. Vote at http://www.letbcvote.ca/ , (includes a compilation of news reports). Stand Strong Christy, co-ordinated by ForestEthics Advocacy, at http://standstrongchristy.ca/ has an online petition urging B.C. Premier Christy Clark to hold firm to her earlier stated 5 conditions for Northern Gateway approvals in B.C.

Leadnow.ca and ForestEthics Advocacy host another petition at http://www.enbridge21.ca/ naming the Enbridge 21 (the 21 federal Conservative cabinet ministers from B.C.) and providing an online email form to contact them, and “hold them accountable” by pledging to vote for whoever opposes Enbridge in the 2015 election.

David Suzuki posted an open Letter and has an online petition to Stephen Harper , and the leaders of all federal parties at http://action2.davidsuzuki.org/no-enbridge-pipeline?utm_campaign=enbridgeEmail&utm_source=EM1&utm_medium=email&utm_content=link&mkt_tok=3RkMMJWWfF9wsRolu6XLZKXonjHpfsX66u8kXK%2B3lMI%2F0ER3fOvrPUfGjI4CSsFiI%2BSLDwEYGJlv6SgFS7jNMbZkz7gOXRE%3D .

The federal Green Party also has its own petition at http://www.greenparty.ca/media-release/2014-06-17/predictable-cabinet-decision-enbridge-project-launches-fight-stop-pipelines . Environmental Defense has an online email form to send a protest message to the political leaders at http://environmentaldefence.ca/stop-tar-sands-expansion?utm_source=Environmental+Defence+Campaign+Email+List&utm_campaign=06cf692bda-Lighten+Up+FINAL&utm_medium=email&utm_term=0_df56834cfa-06cf692bda-27545293.

For reaction from environmental groups, see EcoJustice at http://www.ecojustice.ca/media-centre/press-releases/federal-approval-doesnt-guarantee-enbridge-northern-gateway-will-be-built ; Pembina Institute at http://www.pembina.org/reacts-fed-decision-gateway, Greenpeace Canada at http://www.greenpeace.org/canada/en/Blog/harper-just-picked-a-fight-he-cant-win/blog/49666/ , Environmental Defence Canada at http://environmentaldefence.ca/articles/statement-environmental-defence%E2%80%99s-tim-gray-in-response-federal-cabinet%E2%80%99s-irresponsible-deci and Natural Resources Defence Council (U.S.) at http://switchboard.nrdc.org/blogs/eshope/canada_approves_northern_gatew.html .

After 14 Years, Forestry Companies and Environmentalists Reach Joint Recommendations to the B.C. Great Bear Forest Agreement

On January 29th, recommendations were  announced by the parties of the Joint Solutions Project, comprised of the forest companies operating in the Great Bear Rainforest (Western Forest Products, Interfor, Howe Sound Pulp and Paper, BC Timber Sales and Catalyst) and three environmental groups (ForestEthics, Greenpeace and Sierra Club of BC). Highlights  of the 82-page document include: an additional 500,000 ha to be set aside for conservation; a harvest level consistent with a “viable forest industry”; changes to landscape planning that better account for old growth, cultural values, key wildlife habitat and riparian zones; and a legal and policy framework for implementation. The recommendations will be considered by the province of British Columbia and the Nanwakolas Council and Coastal First Nations, who are the decision-makers in the Great Bear Rainforest Agreement, and in consultation with 12 other First Nations. The Joint Solutions Project was established in 2000 and the Great Bear Forest Agreement was reached in 2006.

See the ForestEthics press release at: http://forestethics.org/news/forest-companies-and-environmental-groups-deliver-joint-recommendations-great-bear-rainforest. The B.C. government press release is at: http://www.coastforestconservationinitiative.com/pdf2014/2014FLNR0005-000099.pdf.

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.

Canadians Take to the Courts to Fight for Freedom of Speech and Protest

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.