EDMONTON, AB - Sierra Legal Defence Fund is filing a leave application today with the Supreme Court of Canada to challenge a Federal Court of Appeal ruling. That ruling allowed the Department of Fisheries and Oceans (DFO) to avoid a comprehensive environmental assessment of the massive Fort Hills Oilsands Project proposed by Petro-Canada. On behalf of the Prairie Acid Rain Coalition, Toxics Watch Society of Alberta and the Pembina Institute, Sierra Legal is arguing the decision sets a dangerous environmental precedent in Canada.
The coalition is prepared to take the fight to the country's top court after four years of litigation. In 2002, the DFO decided that, rather than assessing the environmental effects of the massive oilsands project, it would only assess such effects on a single small creek that would be destroyed when the mine was built. The environmental groups tried to have the Federal Court throw that decision out in 2004, before being disappointed again in the Federal Court of Appeal two months ago. But Sierra Legal is doing everything possible to overturn the original DFO ruling.
"We are urging the Supreme Court to consider this appeal because the Canadian Environmental Assessment Act is one of Canada's most important environmental laws," said Sierra Legal Lawyer Sean Nixon, "especially when you consider that Alberta oilsands are the largest single contributor to Canada's increasing greenhouse gas emissions."
Martha Kostuch of the Prairie Acid Rain Coalition pointed out, "If the Fort Hill Oilsands Project is not properly studied, we will see even greater degradation of the environment in Northern Alberta. DFO must stop trying to evade its environmental assessment responsibilities."
The four groups are concerned that DFO's refusal to study the environmental effects of the entire oilsands project will lead to ill-informed environmental decision-making. As it is focusing only on one creek destruction, DFO will not be able to study or mitigate the project's negative impacts on air and water quality. The project will also destroy half of a wetland serving as critical migratory bird habitat, and will threaten fish in the Athabasca River.
"DFO's 'study no evil, see no evil' approach to environmental assessment fails to protect the public interest," said Dan Woynillowicz of the Pembina Institute. "The impact this case could have on future generations is undeniable."
For further information please contact:
Sierra Legal Defence Fund: Sean Nixon, Staff Lawyer 604.685-5618, 604.328.1633 (cell)
Prairie Acid Rain Coalition: Martha Kostuch, Chair 403.845.4667
Pembina Institute: Dan Woynillowicz, Senior Policy Analyst 403.269.3344 ext. 107
Toxics Watch Society of Alberta: Myles Kitagawa, Associate Director 780.907.1231