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Environmental Law Alert Blog

Through our Environmental Law Alert blog, West Coast alerts you to environmental law problems and developments affecting British Columbians. It is the public voice of our Environmental Law Alert unit which is a legal “watchdog” for BC’s environment.

If you have an environmental story that we should hear about, please e-mail Andrew Gage. Also, please feel free to comment on any of the posts to this blog – but please keep in mind our policies on comments.

28 July, 2011

On 20 July 2011, only a week after a recent audit into the post-certification stage of B.C.’s environmental assessment process, the Northwest Institute for Bioregional Research released a report by long-time environmental lawyer, Mark Haddock, and funded through our Environmental Dispute Resolution Fund, comparing the British Columbia and Federal Environmental Assessments for the controversial Prosperity Mine.  By comparing-and-contrasting the results reached on each of 8 environmental impacts which the federal process identified as "significant", Haddock identifies 9 differences between the two environmental assessment processes which may help to explain and account for the two very different outcomes.

26 July, 2011

A BC Court of Appeal decision issued earlier this month (July 5th) has confirmed that the province’s Riparian Areas Regulation (RAR) by itself provides little legal protection for fish habitat.  The RAR is the province’s primary legal tool to protect fish habitat from development located immediately next to streams and lakes, and this decision should be very troubling to anyone concerned about the environment and the protection of fish.  However, the Court of Appeal’s decision illustrates real and serious problems with the RAR that West Coast Environmental Law first identified when it was enacted in 2005.

22 July, 2011

The Dene Tha’ First Nation has sought an order from the B.C. Supreme Court declaring that the provincial government breached its constitutional duty to consult with and accommodate the Dene Tha’, when the Ministry of Energy authorized the sale of twenty-one oil and gas parcels within the Dene Tha’s traditional territory in northeastern B.C. in June, 2010. The sale of the parcels has the potential to adversely affect the treaty and Aboriginal rights of the Dene Tha’, which are constitutionally protected under section 35 of the Constitution Act, 1982 and include Treaty 8 rights to hunt, fish, and trap within the Treaty territory.

19 July, 2011

Last week (on July 13th), Madame Justice Wedge of the BC Supreme Court sided with the Halalt First Nation and suspended plans to pump water from the Chemainus aquifer to be used in the District of North Cowichan.  The decision raises fundamental questions about how we manage water, and our assumption that there will always be clean water available for development.  West Coast Environmental Law is proud to have supported the Halalt First Nation in their legal challenge through a series of grants from our Environmental Dispute Resolution Fund (EDRF).

27 June, 2011

Attention Alpine Resort developers!  Beautiful Public B.C. mountain real estate for only $5,000 an acre plus the cost of timber!  Seems like a good deal.  For ten years after signing an agreement with the province, the developer of an alpine resort can buy public lands at these prices, which the province says reflects fair market value.  But are British Columbians getting their money's worth, or are we subsidizing the growth of an unsustainable industry?

21 June, 2011

A shocking story from Mark Hume in the Globe and Mail on June 12th reveals an "epidemic" of violations of BC's Water Act.  West Coast looks at the problems with BC's enforcement of the Water Act that have led to this sad state of affairs. 

21 June, 2011

Treaty 8 First Nations have taken their struggle against the proposed Site C Hydroelectric Dam on the Peace River into the international arena by appealing to the United Nations to intervene against the BC government to protect their interests.  The appeal was issued in New York last month at the 10th annual session of the UN Permanent Forum of Indigenous Issues.  Chief Liz Logan, representing the Treaty 8 Tribal Association (T8TA) was granted a rare 30-minute meeting with Special Rapporteur James Anaya to address the likely impacts that Site C would have on Treaty 8 First Nations’ health and way of life.

14 June, 2011

Do the governments of the world have a legal duty to protect the atmosphere?  On May 4th, a group of children and young adults filed lawsuits against all 50 U.S. states and the Federal government for their failure to reduce greenhouse gas emissions. Their strategy is to have the atmosphere recognized as a public trust held by the state. If they can succeed, they will empower the courts to compel governments to reduce their jurisdictions’ carbon footprints.

8 June, 2011

In celebration of World Oceans Day, we’re trying to raise $5000 to help West Coast protect BC's Coast from the Supertankers associated with the proposed Enbridge Pipeline.  But our efforts to protect BC's Coastline goes way back.  Find out how we've been working to protect our Coast for more than 35 years. 

3 June, 2011

A recent environmental conviction in Abbotsford raises serious questions about environmental sentencing in BC and Canada.  Where polluters are handling hazardous wastes or carrying on other business practices that could easily harm human health and entire ecosystems, failing to comply with the law is a big problem, and should be treated as seriously as we treat criminal offences.