Environmental Law Alert Blog: NEB should abandon undemocratic limits on public comment

Wednesday, April 10, 2013

Last Thursday, April 4th the National Energy Board (NEB) announced that anyone who wished to comment on Enbridge’s Line 9 pipeline proposal in Central Canada even by simply writing a letter would need to fill out a 10 page application form within 2 weeks.  This is, of course, absurd, since it will take the NEB far longer to review these 10 page applications and decide who will be allowed to write a letter, then it would have taken to read the letters. While the NEB says this new form is in response to Bill C-38

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Environmental Law Alert Blog: On Greenwashing Canada’s Enviro-Assessment Laws

Monday, April 8, 2013

A press release issued last Tuesday (April 2nd), by the Canadian Environmental Assessment Agency (the Agency) concerning a proposed Liquid Natural Gas (LNG) Export Terminal at Kitimat, BC referred to the "strengthened and modernized Canadian Environmental Assessment Act, 2012 (CEAA 2012)."  This term appears literally tens of thousands of times on web pages, press releases and other documents generated by the Agency.  “Strengthened”?  “Modernized”?  In what way is CEAA 2012 strengthened, compared to the old CEAA? The reality is that CEAA 2012 was a major step back for environmental assessment in

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The Canadian Progressive | News & Analysis: New undemocratic rules barrier to public participation in Enbridge’s Line 9 pipeline hearings

Rules “a consequence of weakened federal environmental laws under Bill C-38″ By: Greenpeace Canada & Environmental Defence | Press Release: TORONTO, ON, Apr 5, 2013 – New undemocratic rules are creating a barrier to public participation in upcoming National Energy Board (NEB) hearings into the proposal for Enbridge’s Line 9 oil pipeline. [...]

The post New undemocratic rules barrier to public participation in Enbridge’s Line 9 pipeline hearings appeared first on The Canadian Progressive | News & Analysis.

The Canadian Progressive | News & Analysis: Harper government misled Canadians on environmental assessment “delays”: Study

New study confirms government misled public on Environmental Assessment ‘delays’ By: Sierra Club Canada | Press Release: OTTAWA – A study published in the Canadian Journal of Fisheries and Aquatic Sciences found environmental assessments triggered by the Fisheries Act prior to the 2012 omnibus bill were NOT taking too long to [...]

The post Harper government misled Canadians on environmental assessment “delays”: Study appeared first on The Canadian Progressive | News & Analysis.

Environmental Law Alert Blog: Jessica Clogg explains Bill C-45, First Nations Rights, FIPA

Monday, March 4, 2013

This interview was originally published by Digital Journal and was written by Grace C. Visconti. Click here to go to the article as it was originally published.

Vancouver – West Coast Environmental Law Executive Director and Senior Counsel Jessica Clogg explains ramifications of Bill C-45, First Nations Rights, and FIPA. Jessica provides legal and strategic support to First Nations to help protect land and resources of their territories.

This interview was originally published by Digital Journal and was written by Grace C. Visconti. Click here to go to the article as it was originally published.

read

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Environmental Law Alert Blog: From Oolichan to Enbridge: Getting to the Heart of Cumulative Impacts Management in the Northwest

Monday, January 14, 2013

In November 2012, 170 resource management practitioners, scientists, academics, and community members came together at a conference in Smithers, BC  entitled “Adding it All Up: Balancing Benefits and Effects of Resource Development”. The conference, organized by the Bulkley Valley Research Centre, focused on the issue of cumulative impacts management in the northwest region of BC. Gerald Amos from the Headwaters Initiative and a member of the Haisla Nation captures the challenges and opportunities facing the region in his remarks at the conference, excerpts of which we reprint as a guest post. 

A guest

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Environmental Law Alert Blog: The Smoking Gun: Who was the real author of the 2012 omnibus bills?

Friday, January 11, 2013

Kudos to Greenpeace Canada for finding something of a smoking gun exposing  the role of the oil and gas industry in the gutting of Canada’s environmental laws.  Greenpeace has released a letter from the Energy Framework Initiative (EFI), representing every major oil and gas industry association, asking that the government undertake a major overhaul of six critical environmental statutes that inconvenienced the industry.  Five of the statutes have since been replaced or seen major amendments through the dismantling of our country’s environmental safety net s in omnibus bills C-38 and C-45, and further amendments

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Environmental Law Alert Blog: Raising your voice for the Enbridge JRP (in Victoria, Vancouver and Kelowna)

Thursday, January 3, 2013

Well, tomorrow (January 4th) the Enbridge Joint Review Panel arrives in Victoria.  It’s in Vancouver on January 14th, and in Kelowna on the 28th.  So this is a big month in the southern part of our province for those concerned about the Enbridge Pipeline and Tanker Project. As you may have heard, the general public will not be invited to attend these meetings to watch the presentations from concerned citizens, but we're now learning that even those who are registered to speak can't attend in person to watch their fellow presenters.  But, whether

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Environmental Law Alert Blog: Federal government balking at first small step to rebuild Environmental Assessment

Tuesday, December 18, 2012

Together with our allies, we are continuing to hold the federal government's feet to the fire to minimize the fall out from "budget" bill C-38 in relation to the new Canadian Environmental Assessment Act 2012. The so-called consultation process for CEAA 2012's critical Project LIst continues – currently a document virtually copied and pasted from the previous Act – and we're asking the Minister to make good on the government's consultation and amendment promises

Nerd alert: Discussion of tedious yet vital regulatory procedure ahead.

read more

Environmental Law Alert Blog: Living Democracy from the Ground Up: Why Local Voices Matter

Thursday, December 6, 2012

Living Democracy from the Ground Up is a mini-documentary series produced by West Coast Environmental Law that takes an up close and personal look and the impacts that individuals could feel on the ground from rollbacks to our environmental laws. The stories in the series demonstrate how robust and participatory environmental assessment is important to real people and communities and how consulting local people in the process leads to better projects. As Justice Thomas Berger says in Part 3 of the series, “that’s a lesson in democracy.”

“This is your future, you tell me what

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Environmental Law Alert Blog: Gutting Canada’s environmental laws = increased litigation

Thursday, December 6, 2012

Almost a year ago, Natural Resources Minister, Joe Oliver, made an unfounded accusations that environmental organizations were adopting "a quintessential American approach:  sue everyone and anyone to delay the project even further."  Now, one year later, it's become clear that the government's attack on Canada's environmental laws are forcing environmental, and other, interests into the courts.  What does this mean for Canada's environment and environmental movement?

It’s been almost a year since Natural Resources Minister, Joe Oliver, attacked Canadian environmental groups in an open letter as “radicals”.  Lots has been said since then

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Environmental Law Alert Blog: CEAA 2012 – On the Ground

Wednesday, November 7, 2012 Jay Nelson has a unique perspective on the new Canadian Environmental … . . . → Read More: Environmental Law Alert Blog: CEAA 2012 – On the Ground

Environmental Law Alert Blog: New Prosperity News – Comment by September 28th!

Monday, September 24, 2012

On September 14th, the federal Review Panel conducting the New Prosperity environmental assessment released three documents. Two describe the approach that the Panel proposes to use for “Confidentiality” and for the panel’s Hearing Procedures, respectively, and invites the public to comment on these procedures.

The third is the application form for anyone interested in participating in the Panel’s hearings as an “interested party.”

For all of these documents the deadline (for comments or for applying to be an interested party) is this Friday, SEPTEMBER 28th, 2012. The draft documents and the application form

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Environmental Law Alert Blog: Douglas Channel Islands: Enbridge erases, Lori Waters replaces

Monday, September 17, 2012

One Sunday morning, Lori Waters received an intriguing link to the “Route Safety” animation videos for the proposed Enbridge Northern Gateway pipeline. As one of many British Columbians opposed to the pipeline and to any lifting of the tanker ban along our coast, she watched Enbridge’s animations with interest.  But as a scientific illustrator and animator, she created a series of illustrations demonstrating why Enbridge's animations were wrong.  And they went viral.  Lori (in a guest post) tells us the story.

Thank you to Lori Waters for the following guest environmental law alert

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Environmental Law Alert Blog: 5 rules for a science-based decision on the Enbridge Pipelines

Monday, August 13, 2012

Prime Minister Harper was in Vancouver on August 7 and took the opportunity to tell Canadians that any decision on the Enbridge Northern Gateway pipelines and tankers project would be made through an “independent process” and on the basis of science, not politics. The Prime Minister is not technically correct in implying that his cabinet will not be “picking and choosing particular projects”.  However, if Prime Minister Harper is serious about a science-based decision on pipelines – even if Cabinet makes the ultimate decision – here are 5 rules that we think need to be

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Environmental Law Alert Blog: Enbridge foes: Schedule your statement so you don’t get Calgaried

Wednesday, August 1, 2012

All right, maybe Calgary is not a verb.  But if you’re among the 4000+ Canadians who have registered to make an oral presentation to the National Energy Board Joint Review Panel (JRP) that’s considering the controversial Enbridge Pipelines and Tankers Project, and you haven’t scheduled a time to be heard, then you’d better jump to it.  Calgarians who were registered to speak found out the hard way last week – if you snooze your public hearing gets cancelled. And the thing is – it's not their fault.  They were told that they

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Environmental Law Alert Blog: Six Questions for your MP about Bill C-38

Wednesday, June 27, 2012

With Bill C-38 before the Senate, Members of Parliament (MPs) have gone home from Ottawa.  There they will doubtless receive a warm welcome from their constituents, as well as questions about the Budget and why attacks to Canada's environment and the laws that support it were buried in the Bill.  We've compiled our top 6 questions that we’d like to suggest you ask your MP on their return home.  

West Coast Environmental Law Association, along with a great many other Canadians, is disappointed that Bill C-38, the Budget Implementation Act, with its various

Environmental Law Alert Blog: West Coast goes to Ottawa to talk about how the Omnibus Bill will harm Canada

Thursday, June 14, 2012

On May 31, 2012, I travelled to Ottawa, on behalf of West Coast Environmental Law Association, to speak in person about the budget bill’s attack on nature and democracy to the House of Commons Finance Subcommittee on Part 3 of Budget Bill C-38. What is Part 3 of Bill C-38, you may ask?  Part 3 of the 452 page budget bill, a full one third (153 pages) of the bill, is titled “Responsible Resource Development.” This Part is where the proposed cuts and rollbacks to the Fisheries Act, Species at Risk Act, National Energy

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Environmental Law Alert Blog: Groundswell of Citizen Action for Nature and Democracy

Wednesday, June 13, 2012

On June 4th, the Black Out Speak Out day of action, over 550 organisations, representing millions of citizens, darkened our websites in a symbolic show of support for nature and democracy, while tens of thousands of Canadians tweeted, blogged, signed petitions and wrote their decision-makers. Media events were held coast to coast, including a Vancouver event emceed by myself on behalf of West Coast Environmental Law.

If you tried to access our website on June 4th you would have found a dark site, with an invitation to join us and over 500 organisations from across

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Environmental Law Alert Blog: On importing U.S. “Job-Killing” rhetoric

Monday, May 28, 2012

The phrase “job killing regulation” is beginning to enter Canadian discussions about environmental laws and Bill C-38 – the Budget Implementation Bill which would repeal several laws that protect nature, democracy and marginalized society.  This phrase has been embraced by politicians in the U.S. who are seeking to gut environmental laws there, despite having been discredited by a number of studies.  It would be unfortunate to have this inaccurate and misleading phrase become a prominent part of Canadian political discourse (more below on why it’s inaccurate and misleading). 

The phrase “job killing

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DeSmogBlog: Canadian Environmental Groups Black Out to Speak Out Against Government Threats to Nature & Democracy

Blackoutspeakout.png

With full page ads in the Globe and Mail and La Presse national newspapers, a major coalition of Canadian environmental non-profits have come together to launch the Black Out Speak Out campaign (Silence, on parle! pour la Francophonie.)

CPAWS, David Suzuki Foundation, Ecojustice, Equiterre, Environmental Defence, Greenpeace, Nature Canada, Pembina Institute, Sierra Club Canada, West Coast Environmental Law, and WWF Canada – groups representing millions of Canadians – are appealing to all who care about nature and democracy to join them in blacking out their websites on June 4th in protest against the federal government's efforts

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Environmental Law Alert Blog: Why we should all Black Out and Speak Out

Monday, May 7, 2012

The Black Out Speak Out campaign wants to mobilize concerned citizens, businesses and organizations across the country to speak out for Canadian democracy and our environment on June 4th.  Our websites will be going black for a day as a symbolic start of a major online campaign to empower Canadians to speak out for democracy and nature. Working together, we’ll be speaking out for as long as it takes. Join us in working for stronger environmental laws, not gutted ones, and help us spread the word.  This Environmental Law Alert will comment on the

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Environmental Law Alert Blog: Special treatment for oil industry means poor environmental laws

Thursday, May 3, 2012

The roll-back of Canada’s environmental laws – legal environmental protection that Canadians have worked for decades to put in place – give the oil and gas industry a host of changes that they've been asking for for years.  While other industries will benefit, It may be useful to list, in one place, just how the oil and gas industry – which is getting a number of perks that are unique to the energy sector – is effectively subsidized by the changes to Canada’s environmental laws.  

We’ve been clear that the roll-back of Canada’s environmental

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Song of the Watermelon: A Multi-Partisan Approach to Environmental Protection

I am a strong believer in the Green Party. It plays an essential role. Environmentalists cannot afford to patiently wait around for traditional parties to see the light and pass the necessary laws to avert catastrophe.

That being said, Canadians have been slow to embrace the Green Party, and that slowness has been magnified by an unfair and unrepresentative electoral system. The Greens’ single-member delegation in the House of Commons — a triumph in its own right – is too small a basket for environmentalists to consolidate all our eggs. And in the face of the slowly unfolding plans of

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Environmental Law Alert Blog: Who is silenced under Canada’s new environmental assessment act?

Friday, April 27, 2012

With the release of the proposed new Canadian Environmental Assessment Act, 2012, we can say a bit more about the possible impact of changes to environmental assessment on the right of the public to participate in assessments.  Our initial analysis of Bill C-38 suggests that there is cause for concern:  If this new CEAA becomes law, then for some types of environmental assessments, the public will still have a right to participate – but for others (notably pipeline projects) – the government may not want to hear from you unless the pipeline goes through your

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