West Coast Environmental Law

Thu, 2014-05-22 11:47Guest
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Should Chevron Pay For the Mountain Pine Beetle Epidemic?

Pine Beetle Damage

This is a guest post by Andrew Gage, staff lawyer with West Coast Environmental Law

According to the B.C. Government, the Mountain Pine Beetle epidemic – a direct result of climate change – cost British Columbia billions in lost timber value alone – not counting environmental and other damages. This reality has influenced the public consciousness of British Columbians about the cost of climate change, and it doesn’t seem a stretch to suggest that public awareness of climate change’s impacts in B.C. was influenced by the pine beetle epidemic, and therefore that the pine beetle played an important role in B.C. adopting its carbon tax in 2008 – the only jurisdiction in North America to date to do so.

I have suggested that awareness that climate change is costing us here and now may finally drive real climate action to reduce our greenhouse gas emissions (because as John Oliver says, we’ve proven that we “cannot be trusted with the future tense”). It may even prompt discussion about whether the taxpayer – or the polluter – should be the one paying for those costs

Tue, 2013-12-17 16:23Emma Gilchrist
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Countdown Is On: British Columbians Anxiously Await Enbridge Recommendation

bc enbridge recommendation

In the summer of 2009, Dave Shannon found himself sitting in Dieter Wagner's backyard.

Wagner, a former colleague at Kitimat's aluminum smelter, had convened a meeting of locals concerned about Enbridge’s Northern Gateway proposal, which would see oil piped across British Columbia and loaded onto tankers in Kitimat.

I’m an engineer, so industry is necessary, but some industries aren’t a good idea. This is one of them,” 67-year-old Shannon says. “I never was an activist throughout my whole life. This one just caught my attention.”

As the small group enjoyed tea and biscuits in the sunshine, they plotted how to fight back against Enbridge.

We were spinning our wheels, wondering what to do to get going,” Shannon recalls. “We had no idea what was about to happen, but we thought it might be something we should worry about.”

The group dubbed themselves “Douglas Channel Watch” and registered as an intervenor in the National Energy Board hearings, meaning they could present evidence and cross-examine Enbridge’s witnesses.

Wed, 2012-10-31 15:52Carol Linnitt
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Rush to Ratify: FIPA May Violate Constitutional Protection of First Nations Rights

The Canada-China Foreign Investment Promotion and Protection Agreement (FIPA) may be ratified as soon as tomorrow, November 1. This despite a massive demonstration of Canadian opposition to the investment trade deal that will lock the federal government into a dangerously undemocratic agreement with China and Chinese investors for 31 years

The proposed agreement, signed by Stephen Harper in Russia on September 9 and kept secret until September 26, is being strong-armed through the house of commons after the required 21-day session in Parliament. Political action and environmental groups, opposition party leaders and experts in the field of international trade law are urging the Harper government to reconsider the agreement's immediate ratification, demanding an open parliamentary debate before the trade deal's future is decided.
 
So far all requests to throw out the deal, host a national debate, investigate the deal in emergency Parliamentary discussions, or indefinitely delay the deal's ratification, have gone unheeded by the Harper government.
 
Under FIPA the federal government is obliged to protect investor rights and profits, even to compensate for lost profits. That means when it comes to disputes involving Chinese investors, like the one over the future of Enbridge's Northern Gateway Pipeline, the Canadian government will have a duty to protect investor profits and not necessarily the jurisdictional rights of the British Columbian government, people or First Nations. 
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