British Columbians using the law to fight back and protect their environment

One of West Coast Environmental Law’s services is to operate the Environmental Dispute Resolution Fund (EDRF). The EDRF is funded by the Law Foundation of BC, and is a granting program for citizens and communities who need to access legal help to solve an environmental dispute. We are pleased to bring you an update on some of the cases we have been funding over the past few months.

Terrace Residents Go to Court to Fight for Clean Air. The EDRF has provided funding to Lynda Gagné and Charles Claus, who are heading to the BC Supreme Court, again, in their quest to challenge proposed sulphur dioxide emissions from the Rio Tinto Alcan aluminum smelter. The government issued permit allows Rio Tinto Alcan Inc. to increase the sulphur dioxide emissions from its Kitimat-based smelter to emit 42 tonnes per day, up from an earlier limit of 27 tonnes per day. Gagné and Claus are seeking an order that the Environmental Appeal Board (EAB) should allow them the right to appeal the government’s approval of the emissions.

Who’s cleaning up Lemon Creek? The Perry Ridge Water Users Association (PRWUA), of Winlaw, BC are very concerned about the continuing impact from the helicopter spill of 32,000 litres of jet fuel on July 26, 2013 into Lemon Creek, a major tributary to the Slocan River. Unfortunately, to date, Environment Canada has refrained from laying charges against Executive Flight. PRWUA has received EDRF funding to press Environment Canada to lay charges and to examine other options to hold Executive Flight Services (the company that caused the spill) and the Province of BC accountable for the spill.

Helping Adams Lake straight talk with Kinder Morgan. This summer the Adams Lake Indian Band (ALIB) was approached for ‘consultation’ meetings by government and industry representatives associated with Kinder Morgan’s proposed Trans Mountain Pipeline Expansion project. The project route crosses much of the Shuswap territory and runs adjacent to the North Thompson River, where the ALIB has historically and continues to hunt, fish and harvest food. The EDRF has provided funding to enable ALIB to prepare for participation as an intervenor in the federal Joint Review Panel process for the project.

Chilliwack citizens want their say about siting a toxic waste facility on the Fraser River. The EDRF has provided funding to the Outdoor Recreation Council of BC to file for a judicial review of the City of Chilliwack’s rezoning process for a proposed facility designed to process PCBs, mercury and infectious substances sited on a lot about 150 metres from the Fraser River. Throughout the process, public notices did not indicate the involvement of these hazardous materials, nor the location near the river. The hearing is scheduled for September 2014.

The EDRF is made possible by generous support from the Law Foundation of British Columbia.

Author
Barb Everdene, EDRF Project Manager