CHRISTMAS CONSTITUTIONAL I have decided to return to my habit of lightheartedly looking back at the year. (Looking back on previous years I am struck by how many issue remain the same. see - 2015 2012 2011 ) To be sung to Walking in a Winter Wonderland. I am the...
This post provides an overview of the Liberal environmental platform which can be read in its entirety in the document entitled Real Change: A New Plan for Canada’s Environment and Economy. According to its platform on environmental matters, the new federal Liberal government will be focused...
Following significant changes to the federal environmental assessment regime, the Canadian Environmental Assessment Agency (CEA Agency) continues to revisit its policy and guideline documents. Currently, the CEA Agency seeks public comments on its draft Technical Guidance for Assessing Cumulative Environmental Effects under the Canadian Environmental...
The Federal Court issued its decision in Courtoreille v Governor General in Council 2014 FC 1244 on December 19th. In this case, Chief Steve Courtoreille – on behalf of himself and the Mikisew Cree First Nation – sought relief for the federal government’s failure to...
Earlier this month, the Report of the Commissioner of the Environment and Sustainable Development (the “Report”) was released. This Report is the first issued by Julie Gelfand, the recently appointed Commissioner of Environment and Sustainable Development. Several important questions are posed in the Report (page 1)....
In recent months, there have been several interesting environmental law decisions issued by the Federal Court of Canada. In both Greenpeace Canada v Canada (Attorney General), 2014 FC 463 (CanLII) and Council of the Innu of Ekuanitshit v Canada (Attorney General), 2014 FCA 189 (CanLII),...
Late last year, the National Energy Board (NEB) released its decision on the Northern Gateway Project and recommended approval of the project subject to 209 conditions (see here for our summary of that decision). While the NEB conducted the public hearing and issued a decision,...
The proposed Northern Gateway Project (the “Project”) consists of two pipelines and a marine terminal. The pipelines are anticipated to follow a 1 km wide route from Bruderheim in northern Alberta to Kitimat in northern B.C. covering over 1,170 km (see a map of the...
Earlier this month, the Report of the Commissioner of the Environment and Sustainable Development (the “Report”) was released. This Report is the first issued since the departure of Scott Vaughn from his role as Commissioner of the Environment and Sustainable Development last year. The Report focuses...
Following public consultation on proposed amendments earlier this year, the federal government recently passed amendments to the Regulations Designating Physical Activities (RDPA). The RDPA are promulgated under the Canadian Environmental Assessment Act, 2012 and are central to the act’s operation. Only projects that appear on the...
In recent days, there has been extensive media coverage on the rejection of the Northern Gateway Project by the B.C. government. What exactly does this mean? Does it mean that the Northern Gateway Project will not proceed? Let’s step back and take a look at the...
The federal government has recently proposed amendments to the Regulations Designating Physical Activities (RDPA) which are central to the operation of the Canadian Environmental Assessment Act, 2012. With the exception of individual projects designated by the Minister on a discretionary basis, only those projects which...