Thank you for the opportunity to participate in this review
of Federal environmental assessment processes.
Lead counsel for the Dene Tha» First Nation in its successful challenge
of the federal environmental assessment process for the Mackenzie Gas Project, which fundamentally altered the way in which governments approached consultation on environmental assessments.
This opportunity is perhaps most pronounced in the reviews
of federal environmental assessment processes and the National Energy Board (NEB).
Not exact matches
«It's ironic that the Committee report should come out in the midst
of today's court hearings into the Site C dam, a megaproject approved by the
federal and province governments over the objections
of First Nations and despite a highly critical
environmental assessment.»
HAZELTON — A
federal environmental assessment report that concluded the proposed New Prosperity open - pit mine would have significant adverse effects for the Tsilhqot» in is a condemnation
of the B.C. Liberals approach to Aboriginal rights and title, says Stikine MLA Doug...
That over 99 %
of Canada's lakes and rivers are no longer subject to
federal oversight, and that some 3,000
environmental assessments were abruptly cancelled last year by the Conservatives?
Mass Audubon's Challenge was based on five years
of project review, including three years
of ornithological fieldwork; our
assessment and comments on Cape Wind's first
federal Draft
Environmental Impact Statement (DEIS) and literature review; talks with ornithologists, scientists, and engineers; and a visit to Denmark's offshore wind farms during the 2005 spring bird migration.
FEMA and the State Department
of Environmental Conservation are doing a damage
assessment in the region, and if the damage exceeds $ 27.5 million, it will qualify for
federal aid.
U.S. Sen. Charles Schumer on Wednesday called on the
federal Environmental Protection Agency to «move into a higher gear» and conduct a comprehensive
assessment of radioactive hotspots in Niagara County and Grand Island.
According to the Minnkota project's
federal environmental assessment, most
of the line's study area is on agricultural land.
In addition to his commitment to updating
federal chemical safety regulations, Dooley has led efforts urging Congress and the U.S.
Environmental Protection Agency (EPA) to ensure the best available science and technology are at the foundation
of government science and risk
assessment programs.
Draft guidance to
federal agencies on
environmental impact
assessment of proposed
federal actions such as energy development permits, which the White House has allowed to languish for four years, could move the system toward analyzing specific proposed projects within a... Continue reading →
Because it crosses state lines, it requires approval from the
Federal Energy Regulatory Commission, which released an
environmental assessment of the project at the end
of September.
It's worth noting here that the administration is, in fact, implementing something like this, making climate a key part
of federal project
assessment and approval under the National
Environmental Policy Act (NEPA).
We'll stop there for now, although the
federal government has provided plenty more material that merits a closer look — including its very rosy
assessment of Canada's coal regulations or the assertion that the Keystone XL project would be a huge job creator when the State Department's recently - releasedsupplemental
environmental impact statement found that operating the multi-billion dollar Keystone XL pipeline would create a total
of 35 permanent jobs.
Prior to joining Deepwater Wind, Stephanie worked as an
environmental consultant, preparing and reviewing impact
assessment documents, and collaborating with
federal and state agencies and other key stakeholders, on behalf
of clients associated with various coastal development projects, including offshore energy development projects.
More broadly, draft White House guidance to
federal agencies on
environmental impact
assessment of proposed
federal actions such as energy development permits, which has languished for four years, could move the system toward analyzing specific proposed projects within a larger context
of cumulative global warming impacts.
And in February, the Department
of the Interior agreed to a moratorium on fracking in
federal waters in the Pacific until an
environmental assessment could be completed.
They are currently in the process
of filing an application to the Supreme Court
of Canada «seeking leave to appeal a
Federal Court
of Appeal decision that sets a damaging precedent for the future
of environmental assessment law in Canada.»
Prime Minister Trudeau has mandated no fewer than five cabinet ministers (Environment and Climate Change, Natural Resources, Fisheries, Indigenous and Norther Affairs, and Science) with reviewing
federal environmental assessment processes, with the aim
of introducing «new, fair processes.»
Currently, two out
of the three
federal bodies who are responsible authorities for
environmental assessments under the Canadian Environmental Assessment Act, 2012 — the NEB and the Canadian Nuclear Safety Commission (CNSC)-- ar
environmental assessments under the Canadian
Environmental Assessment Act, 2012 — the NEB and the Canadian Nuclear Safety Commission (CNSC)-- ar
Environmental Assessment Act, 2012 — the NEB and the Canadian Nuclear Safety Commission (CNSC)-- are regulators.
They also made the
environmental law rollbacks an election issue in 2015 and led the Prime Minister to direct his cabinet ministers to undertake the review
of four major
federal environmental laws, processes and bodies: the Fisheries Act, Navigation Protection Act,
environmental assessment processes and the National Energy Board.
They are acting as if they are in the midst
of a
federal or provincial
environmental assessment process but they are not — they haven't even filed any detailed plans with the National Energy Board.
In November 2015, the Prime Minister mandated several Cabinet Ministers to review four
of Canada's
environmental laws and processes: the Fisheries Act, Navigation Protection Act, the National Energy Board, and
federal environmental assessment processes.
Legal materials to be filed in the
Federal Court of Appeal will demonstrate that, among other things, the NEB lacked legal authority to start its review process because of the federal government's failure to first consult Tsleil - Waututh on key decisions about the environmental assessment and regulatory review of the p
Federal Court
of Appeal will demonstrate that, among other things, the NEB lacked legal authority to start its review process because
of the
federal government's failure to first consult Tsleil - Waututh on key decisions about the environmental assessment and regulatory review of the p
federal government's failure to first consult Tsleil - Waututh on key decisions about the
environmental assessment and regulatory review
of the project.
Though much attention has been focused on inter-jurisdictional struggle between the
federal and provincial governments over regulation and
environmental assessment, the company and governments have both failed to dispense their legal duties
of obtaining consent from the proper title holders
of the land.
This morning, the Expert Panel appointed by the Minister
of Environment and Climate Change released its recommendations for reforming
federal environmental assessment processes.
And,
of course, none
of the officials who will, one day, undertake
federal environmental assessments have been named.
Since the recent
federal election there has been much discussion (and as my colleague Eugene Kung notes, an abundance
of open letters) about the Liberal party's election promise to «review Canada's
environmental assessment (EA) processes and introduce new, fair processes» for reviewing projects (or re-reviewing them, as in the case
of major proposals like the controversial Kinder Morgan and Energy East oil sands pipeline and tankers projects).
One
of the more noteworthy
of these cases, Namagoose v. Robinson, arose when the
Federal Administrator, having insisted for some years, that s. 22 of the JBNQA required a federal environmental assessment of any proposal that affected federal areas of jurisdiction, e.g., navigable waterways, suddenly reversed h
Federal Administrator, having insisted for some years, that s. 22
of the JBNQA required a
federal environmental assessment of any proposal that affected federal areas of jurisdiction, e.g., navigable waterways, suddenly reversed h
federal environmental assessment of any proposal that affected
federal areas of jurisdiction, e.g., navigable waterways, suddenly reversed h
federal areas
of jurisdiction, e.g., navigable waterways, suddenly reversed himself.
The Crees went to the
Federal Court for a writ
of mandamus compelling the
Federal Administrator to establish an
environmental assessment.
It was determined that, once a
Federal decision - making process was properly engaged, the
Federal environmental assessment could and should contemplate all impacts on areas
of Federal responsibility, but no more than that.
All
Federal environmental assessment regimes prior to CEAA 2012 relied upon a triggering mechanism that placed the finding
of a
Federal ground
of jurisdiction at the beginning
of the process.
I intend to confine my comments to the Constitutional division
of powers which must underpin
Federal environmental assessment processes carried out in relation to private development on privately - owned or Provincial Crown land.
The Constitutional basis for
Federal environmental assessment was addressed in Friends
of the Oldman River Society v. Canada (Minister
of Transport), [1992] S.C.J. No. 1 (Oldman River), which affirmed the constitutionality
of the Guidelines Order, the predecessor to CEAA.
Federal reviews of environmental assessment processes and the National Energy Board: The federal government recently announced several long - awaited reviews of environmental legislation including reviews of the Canadian Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two independent
Federal reviews
of environmental assessment processes and the National Energy Board: The federal government recently announced several long - awaited reviews of environmental legislation including reviews of the Canadian Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two indepe
environmental assessment processes and the National Energy Board: The
federal government recently announced several long - awaited reviews of environmental legislation including reviews of the Canadian Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two independent
federal government recently announced several long - awaited reviews
of environmental legislation including reviews of the Canadian Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two indepe
environmental legislation including reviews
of the Canadian
Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two indepe
Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two independent panels.
Downstream Emissions in Canada's New
Environmental Assessment «Climate Test» In late January 2016, Canada's federal Minister of Environment and Climate Change, Catherine McKenna, and Minister of Natural Resources, Jim Carr, announced interim changes to environmental assessment processes as part of «efforts to restore public
Environmental Assessment «Climate Test» In late January 2016, Canada's
federal Minister
of Environment and Climate Change, Catherine McKenna, and Minister
of Natural Resources, Jim Carr, announced interim changes to
environmental assessment processes as part of «efforts to restore public
environmental assessment processes as part
of «efforts to restore public trust.»