Monthly Archives: May 2007

First global warming lawsuit launched against Canada

(Ottawa, May 29, 2007) — Friends of the Earth Canada has launched a landmark lawsuit today against the Government of Canada for abandoning its international commitments under the Kyoto Protocol. Filed in Federal Court in Ottawa by Canada’s foremost environmental law organization, Sierra Legal, the lawsuit alleges that the federal government is violating Canadian law by failing to meet its binding international commitments to reduce greenhouse gas emissions.

“Because climate change is the most urgent crisis ever facing the planet, Friends of the Earth is resorting to the courts to require the federal government to respect its Kyoto promises,” says Friends of the Earth Canada Chief Executive Officer Beatrice Olivastri. “While the government talks about ‘Turning the Corner,’ in reality it has made a serious wrong turn that will affect the lives of generations to come.”

The lawsuit is an application for judicial review and alleges that the government’s failure to effectively regulate greenhouse gases is likely to violate the United Nations Framework Convention on Climate Change and the Kyoto Protocol. This violation of international law contravenes section 166 of the Canadian Environmental Protection Act, which states that Canada must abide by its international agreements in preventing pollution.

Canada ratified the Kyoto Protocol in December 2002, legally requiring a reduction of overall greenhouse gas emissions to six per cent below 1990 levels during the period 2008 to 2012 — a target of 563 megatonnes of greenhouse gases.

On April 26, 2007, the federal government announced its ‘Turning the Corner’ climate change strategy which set greenhouse gas reduction targets from industry and other sources to 20 per cent below 2006 levels by 2020. This would leave Canada approximately 39 per cent off target with Kyoto in 2012 and would not achieve the Kyoto target until 2025, if at all.

“Canadians expect the Government of Canada to live up to its domestic and international commitments to combat global warming, and our environmental laws require it to do so,” says Sierra Legal lawyer Robert Wright. “Our government shouldn’t have to be asked to put on a credible and lawful climate change cap.”

“The federal government has a legal duty to Canadians and the world to make ‘demonstrable progress’ in reducing greenhouse gases under the UN agreements, and to work with all Canadians to adapt to impacts of climate change,” says Christine Elwell, Friends of the Earth Canada Senior Campaigner. “Instead, we see important programs dismantled, terminated and slashed — all part of the pattern of Kyoto denial by the federal government.”

“The remedy we seek is clear,” continues Olivastri, “Canada must comply with our environmental laws and live up to our domestic and international commitments to combat global warming.”

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To download the history of the case, please visit www.foecanada.org. To download the Application, please visit www.sierralegal.org.

For more information, please contact:

Beatrice Olivastri, CEO, Friends of the Earth Canada: (613) 241-0085 ext. 26, cell: (613) 724-8690

Robert Wright, Senior Counsel, Sierra Legal: (416) 368-7533 ext. 25, cell: (416)  573-4258

Dirty deal: Environment Minister exempts refinery from environmental impact assessment

Media release

For immediate release

Dirty deal: Environment Minister John Baird exempts colossal Canadian refinery from environmental impact assessment

Refinery is first to be built in Canada in a quarter century

(Ottawa, May 24, 2007) Following closely on the heels of Environment Minister John Baird’s decision to exempt industry from hard caps on greenhouse gas emissions, the Minister has today exempted from assessment under the Canadian Environmental Assessment Act the first Canadian oil refinery to be built since global warming became a concern.

Irving Oil plans to build a colossal $7 billion dollar, 300,000 barrel/day refinery adjacent to its existing refinery in Saint John. Irving’s existing refinery is the largest in Canada and therefore among the top 25 greenhouse gas emitters in the country at 3.3 million tonnes of CO2 per year. The gasoline is to be marketed in the northeastern United States. Six out of 10 cars on the road in Boston are already fueled by gasoline refined in Saint John, New Brunswick.

“We are appalled that Minister Baird does not plan to have Environment Canada assess the impacts of the new Irving refinery’s emissions on global warming and smog,” said David Coon, Policy Director of the Conservation Council of New Brunswick. “The carbon dioxide and nitrogen oxides will cross provincial and international boundaries, one of the triggers for a federal environmental assessment,” said Coon. “Clearly, the federal government has legal obligations for the impacts of increased greenhouse gas emissions on global warming.”

“This decision is the first dirty deal to surface since the Harper Government delivered its Regulatory Framework for Air Emissions,” says Beatrice Olivastri, CEO, Friends of the Earth Canada. “We are shocked and appalled that this government is dodging the responsibility to rigorously review the GHG and air pollution of the proposed new refinery.”

Speaking on The Current (CBC, April 27), Minister Baird said the Irving’s new refinery “will provide great economic benefits for the province, a lot of jobs, a lot of hope, a lot of opportunity will be created with that. If we didn’t have an intensity-based system (for regulating greenhouse gas emissions) that wouldn’t be able to go ahead.”

The Canadian Environmental Assessment Agency announced today that the proposed scope of the environmental assessment would be restricted to the potential impacts of the construction of a pier and breakwater to load gasoline and petroleum coke onto ships for export and the unloading of crude oil from supertankers. The public has until June 30th to comment on the proposed scope of the federal environmental assessment.

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Contact:

David Coon, Policy Director, Conservation Council of New Brunswick, (506) 458-8747, email: dcoon [at] conservationcouncil.ca

Beatrice Olivastri, CEO, Friends of the Earth Canada, (613) 241-0085 ext. 26, cell: (613) 724-8690, email: Beatrice [at] foecanada.org

www.conservationcouncil.ca
www.foecanada.org