Monday, September 21, 2015 A recent decision of the Environmental Appeal Board raises important questions about the ways that we can assist natural ecosystems in adapting to climate change. The EAB confirmed a decision by the BC Government to change how water in Cowichan Lake is released into Cowichan River,
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Environmental Law Alert Blog: Is BC’s environmental enforcement plummeting because conservation officers are stuck at their desks?
Monday, September 21, 2015 During the summer a news story on Global TV suggested that BC has too few conservation officers to deal with all of the problem wildlife calls. The key report that Global based this story on also helps explain why BC's enforcement of environmental laws been dropping
Continue readingEnvironmental Law Alert Blog: An open letter to FactsCan.ca on Navigable Waters and Environmental Protection
Wednesday, September 9, 2015 Dear FactsCan.ca – We write in regard to your recent “fact check” of a 2014 petition by the New Democratic Party of Canada (NDP) related to the removal of environmental protection from 2.5 million of Canada’s lakes and rivers. The NDP states that “Canada went from
Continue readingEnvironmental Law Alert Blog: What is climate leadership in BC, Canada and the world?
Thursday, August 20, 2015 The governments of both British Columbia and Alberta are currently consulting the public as they develop “climate leadership plans.” But what does it really take to be a climate leader? Let’s take a moment to reflect on what climate leadership means and to acknowledge some recent
Continue readingEnvironmental Law Alert Blog: Pricing the priceless: Why BC’s new water prices don’t violate NAFTA
Friday, July 17, 2015 We have suggested that BC's new water rates are too low – an assessment shared by the signatories to a SumofUs.org petition signed by 225,000 people. As a result, the BC government has commited to review its water rates. But with former MLA Judy Tyabji suggesting
Continue readingEnvironmental Law Alert Blog: Dutch climate court win – What does it mean for Canada?
Friday, June 26, 2015 Earlier this week (June 24th) a Dutch court ordered the Dutch government to ramp up its climate change plans – to achieve at least a 25% reduction in greenhouse gas emissions relative to 1990 levels by the end of 2020. It’s an incredible win – one
Continue readingEnvironmental Law Alert Blog: Dutch judicial lessons for Canada
Friday, June 26, 2015 In the recent Dutch court decision ordering the Dutch government to reduce greenhouse gas emissions by 25% (relative to 1990 levels) by 2020, the court made some specific findings that might be relevant to Canada and the Canadian government. Here's 5 of the most Canada-relevant findings
Continue readingEnvironmental Law Alert Blog: Greetings from Bonn, on Loss and Damages Day
Wednesday, June 10, 2015 Developing country negotiators at the UN Climate Conference in Bonn, supported by environmental organizations, have declared today to be Loss and Damages Day – focusing on the efforts – financial and otherwise – to measure and deal with suffering resulting from climate change. Loss and damages
Continue readingEnvironmental Law Alert Blog: Gravel pit case puts the spotlight on BC’s environmental assessment laws
Monday, June 8, 2015 Talia McKenzie first found out that she was going to be living next to a gravel pit the day she picked up the keys to her new home in the Cowichan Valley. Next door, her new neighbours had begun an application process to mine gravel on
Continue readingEnvironmental Law Alert Blog: What does an NDP Alberta mean for Climate, BC Pipeline campaigns?
Friday, June 5, 2015 Last month’s dramatic NDP win in Alberta led to much speculation (at least among those interested in such issues) as to what this means for the oil and gas industry, for climate change and for the battles over controversial pipelines. That speculation even showed up last
Continue readingEnvironmental Law Alert Blog: Canada’s GHG emissions cost the world 8,800 lives and $15.4 Billion every year
Monday, June 1, 2015 Canadian politicians may argue that our greenhouse gas emissions are small, but because the global harm that the world is already suffering from climate change is immense, Canada's contribution runs into the thousands of deaths and billions of dollars each year. The first laws of holds
Continue readingEnvironmental Law Alert Blog: Mini-SLAPP provisions dropped from new BC Societies Act
Wednesday, March 25, 2015 Today Bill 24, a new Societies Act, was introduced in the BC Legislature. We are very happy to be able to confirm that the controversial “Section 99”, which had been proposed in a government discussion paper, has been dropped. We’re inviting British Columbians to thank Finance
Continue readingEnvironmental Law Alert Blog: Dear PM: Destruction of our atmosphere undermines Canada’s security
Wednesday, March 4, 2015 In this era of heightened concerns about national security, we invite you to read the following open letter to Prime Minister Harper that makes a simple point: Our global atmosphere is “critical infrastructure” and disruption of it “undermines the security of Canada.” If you agree, join
Continue readingEnvironmental Law Alert Blog: Does Canada’s Pest Control Product Act protect farm workers?
Tuesday, February 17, 2015 It has been said that the measure of a society is how it treats its most vulnerable members. So when I recently testified the House of Commons Standing Committee on Health about Canada’s Pest Control Products Act (PCPA), I chose to focus my submissions on what
Continue readingEnvironmental Law Alert Blog: Financial Clout v. Right to Speak Out
Friday, February 13, 2015 “The right to speak is more precious than gold”. Members of the Wilderness Committee displayed these words proudly on the steps of the Supreme Court of BC as they prepared for a two-week hearing on a defamation claim by Taseko Mines Ltd. It only took one
Continue readingEnvironmental Law Alert Blog: Is this glass half full, and what should it cost?
Wednesday, February 11, 2015 Last Thursday (February 5th) the BC government unveiled its new pricing framework for water use in BC. The new pricing for BC water was undertaken after extensive public consultations, in which, the government reports, “a consistent message from British Columbians was that water is undervalued,” but
Continue readingEnvironmental Law Alert Blog: Kinder Morgan v. Freedom of Speech
Wednesday, January 21, 2015 To what extent does our society afford us a right to freedom of expression? This is a question Mr. Alan Dutton must be quizzically trying to answer as he finds himself tied up in a lawsuit with Kinder Morgan. The oil company claims $5.6 million in
Continue readingEnvironmental Law Alert Blog: Tsleil-Waututh Nation: “Yes” to solar; “No” to Kinder Morgan
Wednesday, January 21, 2015 I was honoured to attend the Tsleil-Waututh Nation’s (TWN) launch and celebration of its new solar tracker. With the installation of TWN’s solar tracker, TWN signaled that the green energy future is now. Far more than just opposing a pipeline that threatens their culture and spirituality
Continue readingEnvironmental Law Alert Blog: A new and improved Environmental Dispute Resolution Fund
Wednesday, January 21, 2015 West Coast is excited to unveil our new and improved Environmental Dispute Resolution Fund (EDRF). A recent review of the EDRF’s last 5 years, which included interviews with EDRF clients, allies, lawyers, and much internal reflection, convinced us that we can be more effective and efficient
Continue readingEnvironmental Law Alert Blog: Social licence: mob rule or democracy in action?
Wednesday, January 21, 2015 The term “social licence to operate” is used frequently by project proponents and in the media, but has recently attracted some controversy. However, In a context where Canada’s environmental laws are being aggressively weakened in favour of big resource companies, and where many Canadians are feeling
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