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WCEL
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February 19, 2008, Victoria, BC – Major BC environmental
groups today welcomed the 2008 budget that will put BC firmly on the path to
achieve bold commitments set out in the 2007 Throne Speech. Of the key areas in
which environmentalists were looking for clear action (see below), three were
given strong grades. The remaining climate-related area – cross-budget
consistency – remains a concern, with ongoing subsidies to the carbon-emitting
oil and gas sector and massive capital investments in new highways. Also of
concern is the lack of new funds for biodiversity preservation and management.
Carbon Pricing
The carbon tax is designed to make BC a North American leader in using
carbon pricing to encourage innovation, climate-friendly behaviour
change and a transition to a low-carbon economy. Government chose to
make the tax fully revenue-neutral, recycling the revenues through lump
sum payments and tax breaks for individuals, with a focus on low-income
families and tax breaks to businesses.
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Public Infrastructure Investments
To help kick-start the $14 billion Provincial Transit Plan, scheduled to be
completed by 2020, $370 million was allocated over a four year period,
including $93 million over the next year. Also included was money for
energy retrofits on public buildings and green port initiatives.
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Incentives For Citizens and Businesses
The budget contains significant incentives to help British Columbians make
changes to decrease their carbon emissions, including energy retrofit
funding and tax exemptions for energy efficient vehicles and appliances.
It also provides BC businesses with strong encouragement to invest in
innovation to be leaders in the low-carbon economy of the future. |
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Cross-Budget Consistency
There is a major disconnect between BC’s climate plan and continued financial
support for carbon-intensive resource industries. The highly profitable
fossil fuel industry emits approximately 20% of BC’s GHG emissions. Yet
this budget provides large subsidies to expand carbon-intensive
activities that could undermine BC’s efforts to be a world leader on
tackling global warming. Steps in the wrong direction include a 24%
increase in oil and gas subsidies in 08/09—to $327 million –as well as
continued funding and promotion of coastal oil and gas drilling, and a
$621 million larger allocation for highway expansion than for transit.
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Biodiversity
There are almost no new monies earmarked for the protection of species at risk
and their critical habitat. Although there is now political direction to
establish a marine protected areas system for the Pacific coast, there
are no new monies to achieve this. |
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BC Sustainable Energy Association
– Tom Hackney (250-744-2720)
Better Environmentally Sound Transportation
– Kris Etches
Canadian Parks and Wilderness Society
– Chloe O’Loughlin (604-512-0428)
Dogwood Initiative
– Will Horter (604-418-1672)
Georgia Strait Alliance
– Christianne Wilhelmson (604-862-7579)
Living OceansSociety
– Oonagh O’Connor (250-230-6580)
Pembina Institute - Matt Horne (778-235-1476)
Sierra Club BC
– Lisa Matthaus (250-888-6267)
West Coast Environmental Law
– Greg Gowe (604-220-2520)
Wilderness Committee
– Andrea Reimer (604-719-3920)
February 7, 2008
VANCOUVER - West Coast Environmental Law ("West Coast") is the grateful recipient of a $25,000 grant from the Vancouver Foundation, drawn from The McCorkell Fund, which is held and administered by the Vancouver Foundation.
The funds will be used to support West Coast's efforts to provide timely and strategic information to coastal communities which stand to be impacted by proposed oil tanker traffic off BC's north coast. Outreach undertaken in these communities will provide citizens with balanced information about the risks and benefits of oil tanker traffic and global warming, as well as the laws and regulatory processes governing these projects.
The first initiative made possible by this grant will take place in early April 2008. West Coast, along with its partners, will convene a youth conference in Prince Rupert, where the youth will produce short videos on their vision for a better world, as it relates to oil tanker traffic and the impacts that this high risk traffic could have on their communities. The youth will also hear talks by dynamic speakers and scientific and legal presentations.
West Coast Environmental Law is a registered non-profit organization. Through legal research, analysis and education, it has been championing British Columbians' rights to a healthy environment for 34 years.
Vancouver Foundation is Canada's largest and one of its oldest community foundations. Its mission is to create positive and lasting impacts in communities in British Columbia. It does this by bringing together generous donors (large and small, individuals, groups and corporations) and linking their contributions to important work that addresses the needs and improves the lives of communities across the province.
Today, the Foundation manages an endowment worth approximately $800 million. In 2006, the interest from that endowment allowed the Foundation to distribute about $40 million to communities. To find out more, visit www.vancouverfoundation.ca.
For more information contact:
Patricia Chew or Greg Gowe at 604-684-7378
or 1 800 330-WCEL toll-free.
January 8, 2008
Squamish, BC – Squamish Council passed a resolution at the December 18 Council meeting to use the Smart
Growth Evaluation Framework as part of the development application process. The development of a Smart
Growth Evaluation Framework was a project identified in a joint work program with West Coast Environmental
Law (WCEL). The District of Squamish joined forces last year with WCEL as part of the next phase of
its Smart Growth evolution. The goal of the partnership was to create a municipal framework of policies and
bylaws that would allow Squamish to implement the principles it developed together with Smart Growth on
the Ground (SGOG). The Smart Growth Evaluation Framework is an example of one of the goals met during
this partnership.
Smart Growth is the package of sustainable land use and development strategies that create compact complete
communities where a diversity of employment, housing, recreation and cultural opportunities are located in
a walkable environment. Squamish has embraced and been recognized for implementation of smart growth
principles through the process of the Smart Growth on the Ground initiative and adoption of Downtown
Concept Plan, Council’s 12 point pledge for greenhouse gas emission reduction, Community Energy Planning
work, and more.
The Smart Growth Evaluation Framework uses a Triple Bottom Line type of evaluation framework that gives
balanced consideration of economic, social and environmental sustainability in recognition that our community
must pay equal attention to the health of the economy, society, and the environment to continue to improve
our outstanding quality of life. The Evaluation Framework assists development applicants and District staff to
assess how a proposed development responds to the goals and policies that the community has established in
the Official Community Plan, neighbourhood plans, bylaws and other policies.
“The Smart Growth Evaluation Framework will create a better understanding between the applicants and
staff of the community’s expectations for sustainable development. It will raise the bar and set a precedent for
future development in our community,” said Mayor Ian Sutherland.
“West Coast is excited to be collaborating with Squamish on the implementation of its smart growth goals.
Squamish’s leadership establishes it as a model that can benefit other communities around BC,” said West
Coast Executive Director, Patricia Chew.
West Coast Environmental Law is BC’s legal champion for the environment. West Coast has more than thirty
years of environmental law experience covering all areas of environmental law and policy.
For more information contact:
Heather Evans, Planner, District of Squamish 604.815.5020
Susan Rutherford, Staff Counsel, West Coast Environmental Law 604.684.7378.
August 13, 2007
VANCOUVER – In a historic move for local governments, the Sunshine Coast Regional District has become the first local government in BC to restrict logging under a Health Act provision. On Saturday August 11th, Western Forest Products (WFP) was ordered to scale back its logging operations in the Chapman Community Watershed. The District's order prohibits logging on steep slopes and adjacent to streams, as well as requiring WFP to hire a hydrologist to evaluate the impacts of logging. The Regional District's order, which came after five days of public hearings by the Regional District Board, was the result of a complaint made by residents of the Sunshine Coast
"Congratulations to the Regional District, to the SCCA and to the people of the Sunshine Coast, for taking this precedent setting step, and protecting their drinking water," said West Coast Environmental Law Executive Director Patricia Chew. "We are delighted to have been able to help the people of the Sunshine Coast achieve this major victory." In addition to identifying the possibility of a Health Act complaint and assisting the Sunshine Coast Conservation Association (SCCA) in preparing the residents' complaint, West Coast Environmental Law provided a grant of $3,000 to the SCCA to obtain further legal support in making submissions during the Regional District's hearings.
"The Sunshine Coast Regional District is a trailblazer for other local governments across BC seeking to restrict logging and other industrial activity that threatens drinking water." said Chew.
"The Ministry of Forests has consistently shown that it will risk the public's drinking water so that logging dollars can continue to flow", said West Coast staff lawyer Andrew Gage. "We hope that the SCCA's example will encourage citizens and local governments across BC to use their powers to ensure that logging will not threaten their health."
Logging is not allowed in the community watersheds of Victoria and Vancouver. In all other watersheds, the Ministry of Forests allows logging, only requiring that any health impacts not be so large that water treatment cannot address them. What's more, logging companies don't even need to worry about overwhelming water treatment systems, jeopardizing public health, if doing so would "unduly restrict the supply of timber."
West Coast Environmental Law (www.wcel.org) is one of Canada's oldest public interest law organizations and BC's legal champions for the environment. Through its Environmental Dispute Resolution Fund it provides almost $200,000 in grants each year to community groups and others who require legal representation to resolve environmental conflicts.
For more information:
Patricia Chew, Executive Director, West Coast Environmental Law
or Andrew Gage, Staff Lawyer at 604-684-7378 or 1-800-330-9235.
For copies of many of the relevant documents, see the SCCA website at www.thescca.ca.
The Regional District's order may be found on their website: www.scrd.bc.ca.
August 1, 2007
VANCOUVER – West Coast Environmental Law questions plans to build an LNG terminal on Texada Island. Westpac LNG Corporation's proposal, announced today, would require LNG tankers to navigate through heavily used waters and past populated areas.
"This is just a bad place to build an LNG plant," said Margot McMillan, staff counsel with West Coast. "Three hundred metre long tankers would need to navigate narrow straits in an area used by ferries, cruise ships, as well as fishing boats and pleasure craft. If there were an accident, natural gas would be dumped into an ecologically sensitive and heavily used ecosystem."
McMillan noted that the federal government has opposed the construction of LNG terminals in Maine, where the resulting transportation of LNG through Head Harbour, New Brunswick, gave rise to what the government described as "unacceptable environmental and navigational risks."
"A plant on Texada Island would raise the same types of navigational problems and environmental risks as the transportation of LNG through Head Harbour," stated McMillan. "We trust that the federal and BC governments will take the same common sense approach that the feds and New Brunswick took in respect of Maine proposal, and reject Westpac's plans."
In some areas in the US, for safety reasons, other boaters must respect a very large buffer zone around the LNG tankers of 2 miles behind, 1 mile in front and ½ mile on either side of the tanker. McMillan noted that this would be extremely disruptive in heavily-used marine areas such as the Johnstone and Georgia Straits and could impact the existing cruise ship, commercial and sport fishing economies in the area.
For more information contact:
Margot McMillan, Staff Counsel, at
604-684-7378 ext 208 or 1 800 330-WCEL toll-free.
June 20, 2007
VANCOUVER – The BC government is currently considering the first major overhaul to the BC Wildlife Act in twenty-five years. The review of the Wildlife Act, which regulates both the hunting and protection of wildlife, which the public can comment on until June 30th, is remarkable in that it makes no specific recommendations about protecting wildlife habitat, and endangered species, but makes four recommendations aimed at making it easier for teenagers to take up hunting for the first time, presumably to help achieve the unexplained goal of increasing hunters in BC by 20,000 during the next 10 years.
It is not clear from the Government's Discussion Paper why the Government has such an abiding concern about promoting hunting, especially amongst teenagers - the Discussion paper makes the recommendations but provides no information on declining numbers of hunters or other evidence that the changes are necessary. However, the Discussion Paper does give two reasons for failing to address wildlife protection and endangered species.
- Because of the "complexity" of protecting wildlife habitat, Ministry of Environment staff are still thinking about "whether, and to what extent, reforms to habitat legislation" should be made. Apparently staff have begun a "preliminary assessment" of the existing legal tools for wildlife habitat protection - but have not got to the point where they are willing to share their thoughts with the public. This is unacceptable - Wildlife Habitat protection is the heart of the Act, and should have been given a top priority in any Review.
- The Ministry of Environment believes that it has already dealt with endangered and threatened species through amendments to the Wildlife Act in May 2004. The amendments, which were criticized by WCEL at the time, are riddled with political discretion and provide little or no protection to the habitat of endangered or threatened species.
In fairness to the BC Ministry of Environment, the Review is not without some good points - it proposes increased powers to deal with invasive plant species and dealing with wildlife change. But it also has a number of major points of concern. For WCEL's full submissions to the Ministry of Environment, click here.
It's not too late to get involved yourself. Visit the Ministry of Environment Wildlife Act Review website to let them know that you want to see increased protection for wildlife species and wildlife habitat, especially for endangered and threatened species. Despite the major holes in the Discussion Paper, we are hearing that the Ministry may be responsive to submissions that go beyond the Discussion Paper and ask for real environmental protection.
May 31, 2007
VANCOUVER – Triggered by increasing public concern over the hazards of pesticides and recent changes in the laws controlling their use, West Coast Environmental Law has just released A Citizen's Guide to Pesticide Use and the Law in BC. This new publication, written for the general public, reviews federal, provincial and local government law and regulation with respect to pesticides, and gives people the information and legal tools to oppose their inappropriate use.
Some of the Guide's highlights include:
- An overview of pesticides and their use
- Links to other organisations with detailed information about various aspects of pesticides
- A summary table of provincial tools that regulate pesticide use;
- A checklist of Pesticide Management Plan (PMP) content
- An example of a model bylaw for communities
"West Coast Environmental Law was receiving calls from people from around the province, asking us 'What can I do about pesticide spraying in my community?'" says West Coast lawyer, Andrew Gage. "People really want to make certain that these powerful chemicals are used appropriately."
Public concerns about pesticides are well-founded. Even advocates of pesticides concede that many pesticides are highly toxic and, if used improperly, can have serious health and environmental impacts. Also, recent substantial revisions by both federal and provincial pesticide legislation highlight the need for a comprehensive, yet understandable citizen's guide to pesticides and the law.
The Guide was developed and produced with funding from the Notary Foundation of BC and CNC Sales & Repair Inc. It is available from the West Coast Environmental Law website at http://www.wcel.org/wcelpub/2007/14256.pdf.
For more information contact:
Andrew Gage, Staff Counsel, at
604-684-7378 ext 206 or 1 800 330-WCEL toll-free.
May 9, 2007
VANCOUVER - Municipal and regional governments are leading the change toward environmentally-friendly community planning and design, according to a new report by West Coast Environmental Law.
West Coast's recently released Green Infrastructure Guide demonstrates a growing appetite by local governments across BC for energy efficient and environmentally-sustainable communities, integrating natural processes in design. The trend is consistent with provincial plans to lower impact development practices, such as Victoria's recent promise to enact a green building code. But municipalities need not wait for provincial regulations to be put into place. The Green Infrastructure Guide highlights legal and policy strategies as well as case study success stories, demonstrating that municipal and regional governments already have a vast array of legal tools at their disposal to nurture green design in their communities.
Susan Rutherford, the Guide's author and staff counsel at West Coast Environmental Law, recently presented her findings to municipal and regional elected representatives and staff, private developers and members of the public, in Golden and Williams Lake. "It's encouraging to see the high level of interest in communities across BC - from local government to the community - in working with nature's processes and reaping the many benefits," says Rutherford. "With these publications and presentations we hope to spur even more green design activities at the municipal and regional level. More presentations are planned this year in communities across BC."
Green infrastructure reduces water and energy consumption as well as material waste, and preserves natural functions. Strategies include: 'permeable' driveways and water-retention ponds that allow rainwater to infiltrate and recharge groundwater supplies and prevent downstream flooding; 'green roofs' that reduce buildings' heating and cooling costs while cleaning the air; landscaping with native species to reduce the need for irrigation and herbicides; and meters that effectively monitor water usage to link it with water charges, providing an incentive to reduce consumption. These strategies take the "Smart Growth" approach aimed at creating people- and environmentally-friendly communities
Free copies of The Green Buildings Guide and The Green Infrastructure Guide are available from the West Coast Environmental Law website.
For more information on the reports or associated workshops, contact:
Susan Rutherford, Staff Counsel, West Coast Environmental Law at:
tel: 604-684-7378 or 1-800-330-WCEL toll-free in BC
March 15, 2007
VANCOUVER - Canada risks more international embarrassment and huge economic and environmental consequences if it fails to match its European counterparts in cutting greenhouse gas emissions, according to legal experts at West Coast Environmental Law. European countries recently set legally binding and ambitious targets while the Canadian government is relying on intensity targets that will allow our greenhouse gas emissions to increase. The government's position could draw severe criticism at the G8 Summit and relegate Canada once again to last place among western countries when it comes to the environment. A flurry of impressive announcements by European countries highlights the need for Canada to catch up on this critical issue.
"The European Union's recent commitment to reduce its greenhouse gas emissions by 20 to 30 percent below 1990 levels in the next 13 years and to supply 20 percent of its energy through renewable sources presents a clear model for Canada," says Margot McMillan, staff counsel with West Coast Environmental Law.
West Coast is calling on Canada to meet, at a minimum, the EU's standards with clear targets backed by strong legislation. "If we truly want to tackle global warming Canada must start pulling its weight on the emissions front," said McMillan. "Polls have shown time and again that Canadians expect strong leadership from their government on this matter and it's time for the government to heed these calls" she added.
Despite the government's recent attempts to increase its "green" image at home and internationally, Canada's greenhouse gas emissions continue to soar. The recently announced EU plan is even stricter than the Kyoto Protocol and the upcoming G8 Summit is expected to push the bar even higher. Meanwhile the UK has announced a cutting-edge plan to reduce its emissions by up to 30 percent below 1990 levels by 2020, while Sweden has pledged to be entirely oil-free by then. The UK is the first European country to impose binding targets for greenhouse gas emissions with strict penalties if the government fails to meet these targets, an approach that West Coast Environmental Law urges the Canadian government to adopt.
For more information contact:
Margot McMillan, Staff Counsel at 604-684-7378 or 1 800 330-WCEL toll-free.
March 14, 2007
VANCOUVER. Premier Campbell's visit with California Governor Schwarzenegger this week is an opportunity to craft a real plan to deal with climate change in British Columbia, according West Coast Environmental Law, a leading environmental law organization in BC.
In 2006, California enacted the Global Warming Solutions Act, making it one of the first jurisdictions in North America to set legally binding caps on all greenhouse gas emissions from major industries with penalties for non-compliance. West Coast is hoping that the California trip will inspire Premier Campbell to follow suit, by enacting strong laws to fully realize the Throne Speech commitments on global warming.
"California has passed tough legislation to fight global warming but in BC we haven't seen any real action by government to back up the promises made in the Throne Speech last month," says Margot McMillan, staff counsel for West Coast. "Instead, we've seen a budget with huge subsidies for the oil and gas industry and little money for the environment and an energy plan that promotes lifting the longstanding moratorium on coastal drilling."
The 2007 Budget set aside $263 million in subsidies for oil and gas development as compared to $4 million budgeted for global warming. The new 2007 Energy Plan showed a continued push to open up new areas of BC to oil and gas, including lifting the moratorium on coastal drilling off BC's fragile coast.
Patricia Chew, Executive Director at West Coast comments that, "The US states bordering the Pacific--California, Oregon and Washington--all recognize the importance and fragility of the Pacific coast and oppose any expansion of coastal oil and natural gas exploration. We urge Governor Schwarzenegger to raise this issue with Premier Campbell in their meeting".
The meeting tomorrow will be followed up by a reciprocal visit by Governor Schwarzenegger this spring to continue discussions on global warming.
West Coast Environmental Law is BC's legal champion for the environment. Through legal advice, education and advocacy, West Coast provides citizens and organizations with the knowledge, tools and innovative solutions needed to protect our environment and build sustainability locally, nationally and internationally.
For more information contact:
Margot McMillan, Staff Counsel or
Patricia Chew, Executive Director, West Coast Environmental Law
at 604-684-7378 or 1 800 330-WCEL toll-free.
February 16, 2007
VANCOUVER - In a letter to the Premier sent today, a trio of BC environmental law organizations urge the provincial government to give its emissions reductions targets the force of law. California legislated its targets for greenhouse gas reductions.
The letter was sent by the Sierra Legal Defence Fund, West Coast Environmental Law and University of Victoria Environmental Law Centre.
"The Throne Speech was a great first step and needs to be followed up by making our greenhouse gas reduction targets legally-binding," said Margot McMillan, Staff Counsel at West Coast Environmental Law. "The Premier himself has said that voluntary measures do not work. Legislating the targets would ensure that his plan survives well into the future and into new administrations that he may or may not head up."
Sierra Legal Staff Lawyer Sean Nixon points to a recent poll commissioned by the group showing over 80 percent of British Columbians want clear and enforceable targets to reduce greenhouse gases. "The public is overwhelmingly onside for a law that ensures a reduction of greenhouse gas emissions," he said.
The UVic Environmental Law Clinic recently drafted the Global Warming Solutions Act to demonstrate what a BC law could look like. "We would welcome the BC government building on our work," said UVic's law centre director, Chris Tollefson. "It will give the provincial government a strong hand in ensuring short, medium and long term targets are enforceable by law."
For more information contact:
- Margot McMillan, Staff Counsel at 604-684-7378 ext 208 or 1 800 330-WCEL toll-free.
- Sean Nixon, Staff Lawyer, Sierra Legal at 604-685-5618 ext 241 or 604-313-3132 (cell).
- Chris Tollefson, Executive Director, University of Victoria Environmental Law Centre at 250-721-8170 or 250-888-6074 (cell).
Strategic Communications poll results available at: http://www.sierralegal.org/m_archive/
pr07_01_02pollresults.pdf
UVic Environmental Law Centre draft Global Warming Solutions Act available at http://www.elc.uvic.ca/documents/
Global%20Warming%20Solutions%20Act-Jan30.07.pdf
January 18, 2007
 VANCOUVER – West Coast Environmental Law is the recipient of a $20,000 Capacity Grant from Vancity. Jenn McGinn, Account Manager with Vancity, today presented the cheque to West Coast's Executive Director Patricia Chew.
"Vancity's support will enable us to undertake some needed capacity building to diversify West Coast's revenue, helping to ensure long-term financial stability for our critical work," said Chew. "It's inspiring to partner with such a forward-looking leader as Vancity, which gives new meaning to the phrase 'corporate community investment.'"
West Coast Environmental Law is a registered non-profit organization. Through legal research, analysis and education, it has been championing British Columbians' rights to a healthy environment for more than 30 years.
For more information contact:
Patricia Chew
at 604-684-7378 or 1 800 330-WCEL toll-free.
November 30, 2006
VANCOUVER – West Coast Environmental Law is pleased to announce the winners of the Dr. Andrew Thompson Awards! Community: Keith and Bernadette Wyton, Port Alberni; Institutional: Bill Turner, The Land Conservancy, Victoria.
The winners of the Dr. Andrew Thompson award were announced at West Coast Environmental Law’s Annual Gala on November 30th, 2006 at the Vancouver Rowing Club.
Congratulations to the finalists and winners of the Awards, to all the nominees and nominators, and a big thank you to everybody who attended the Awards ceremonies on November 30.
For more information about the Dr. Andrew Thompson Award, contact:
Patricia Chew
at 604-684-7378 or 1 800 330-WCEL toll-free.
October 10, 2006
VANCOUVER - Environmental Law's new publication, the Green Buildings Guide (PDF 990 Kb) was written to encourage local governments to adopt bylaws and policies in support of green building development.
"Many communities want to support green building development, but are simply not aware of the range of tools available," said Susan Rutherford, Staff Counsel, West Coast Environmental Law. "This Guide is designed to be a toolkit for local governments that are ready for action but want some targeted guidance on where to start. The purpose is to increase green building uptake in BC."
Recent research confirms that it makes good economic sense for local governments to support green building design and practice. While upfront costs may be slightly higher, these greatly outweighed by economic gains associated with such things as lower life cycle costs, higher property values, and effects on infrastructure and the local environment. Green buildings also enhance occupant health and personal comfort, leading to reduced health care costs and increased productivity.
Local governments have three roles to play in supporting green building design and practices: as regulators and policy makers, as owners of property and infrastructure, and as partners and educators. The Guide discusses strategies and tools for all three roles, with an emphasis on regulatory and policy tools. It discusses regulations and policies that can achieve "across the board" gains on green building design and practices, as well as tools that are targeted to achieve more specific green building goals, including energy efficiency, water savings, recycling and onsite rainwater management, reduction of waste and site impacts.
The Guide is part of the ongoing work of West Coast's Liveable and Sustainable Communities Program. It builds on West Coast's prior work in this area, specifically Cutting Green Tape: An Action Plan for Removing Regulatory Barriers to Green Innovations, a report that was focused on legal impediments and law reform needs, and the Smart Bylaws Guide, a web-based resource that provides links to innovative smart growth practices around BC and North America.
Over the coming months, West Coast will be highlighting the Guide's suite of tools, in workshops for local governments and building development professionals around BC.
For more information contact:
Susan Rutherford at
604-684-7378 or 1 800 330-WCEL toll-free
August 25, 2006
Vancouver and Courtenay. This week, West Coast Environmental Law experts laid out legal options available to the Regional District of Comox-Strathcona (CSRD) to combat the potentially enormous impacts of coalbed methane development proposed for the Comox Valley. Such impacts can include contaminated water, increased air and noise pollution, extensive road and pipeline networks and hundreds of densely-spaced wells.
“This the first meeting in our province-wide tour of affected areas,” said Margot McMillan, Staff Counsel, West Coast Environmental Law. “It’s inspiring to see local governments like the CSRD taking a proactive approach. Elsewhere in North America, local governments have been left struggling with serious long-term consequences for the land and water in their communities.”
Added to the environmental and health risks is the coalbed methane industry’s unprecedented rate of expansion. In neighbouring Alberta, for example, the number of wells has multiplied from just 20 in 2000 to more than 3,300 in 2004. Concerned communities in BC are realizing that they need to act quickly if they want to minimize the potential negative effects of coalbed methane development in their areas.
CSRD is looking at doing just that. On August 22, 2006, Susan Rutherford and Margot McMillan, Staff Counsel at West Coast Environmental Law, presented the new West Coast publication Coalbed Methane: A BC Local Government Guide to the Board’s Community Services Committee and local regional district planners.
Action by local governments is critical, as citizens also cannot count on the provincial government for help. “The current provincial laws are woefully inadequate to protect communities and the environment from the consequences of coalbed methane development” says Susan Rutherford, co-author of the guide and staff counsel at West Coast Environmental Law. “The purpose of this Guide is to help communities to avoid or mitigate the potential negative environmental and community impacts which have been experienced elsewhere, and assist local governments to institute best practices to protect their environment and local quality of life.”
West Coast will also meet with local governments, planners and community groups in the central interior, northeast and northcentral BC, and the southeast this Fall.
For more information contact:
Margot McMillan or Susan Rutherford at
604-684-7378 or 1 800 330-WCEL toll-free.
Recent West Coast Publications
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Public Environmental Rights : A New Paradigm for Environmental Law? (October 2007) [PDF 800 Kb]
Summary: Abstract - The Supreme Court of Canada's affirmation of the existence of public environmental rights
in Canadian Forest Products v. B. C. is the latest in a long line of authority·recognizing the existence of
public rights in respect of the natural environment. These rights form the basis for a new way of
looking at environmental laws. While the courts and academic commentators have tended to view
environmental law as a modern phenomenon, and environmental legislation as enacted from a blank
legal slate, the existence of common law public environmental rights suggests another view. If public
environmental rights are viewed as central to environmental law, then environmental statutes must be
interpreted as affirming these pre-existing rights. Far from being a new constraint on land owners and
other private actors, this new paradigm sees environmental laws as expanding the legal tools available
to enforce legal constraints which existed all along. This approach is supported by a body of case law
which affirms that legislation must, absent clear legislative intent, be interpreted in favour of existing
public rights. In addition, the emergence of the public trust doctrine in Canadian law would provide
further support for this narrative. Adopting such an approach to environmental law puts both
environmental legislation and the public's rights on a stronger legal footing, and could form the basis
for a major shift in how environmental law is understood in Canada. [More Info] |
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