Environment groups say Bay du Nord approval flawed, must be overturned
Ecojustice lawyer asks court to quash the minister's decision
The future of an offshore oil project in Newfoundland and Labrador is in question as environment and Indigenous groups ask a federal judge to tear up the federal approval that would allow the project to proceed.
In a hearing Wednesday, lawyers for Equiterre, the Sierra Club Canada Foundation and Mi'gmawe'l Tplu'taqnn Inc., which represents nine Mi'kmaw communities in New Brunswick, said the government's environmental review process for Bay du Nord was seriously flawed.
"We are asking the court to quash the minister's decision," said Ecojustice lawyer Josh Ginsberg.
Ecojustice is handling the legal arguments for the groups challenging the Bay du Nord approval. Ginsberg said the approval granted by Environment Minister Steven Guilbeault in April was both "unreasonable and unconstitutional" because it didn't take into account total greenhouse gas emissions from the oil produced. He said it also ignored concerns from Mi'gmawe'l Tplu'taqnn about oil spills from tankers in the North Atlantic sea and failed to properly consult the Mi'kmaw about the project.
Bay du Nord is located about 500 kilometres northeast of St. John's in the Flemish Pass basin of the North Atlantic Ocean. Owned by Norway's Equinor, the project could produce between 300 million and one billion barrels of oil over 20 to 30 years.
Guilbeault authorized Bay du Nord following an Impact Assessment Agency of Canada review that concluded the project would not have substantial environmental impacts. He has called it one of the "hardest decisions" he has ever had to make, coming after he spent years as an environmental activist fighting new fossil fuel projects. In an environmental and political twist, Guilbeault was one of the founding members of Equiterre, one of the organizations now challenging his approval.
The approval came with the understanding greenhouse gas emissions from production at Bay du Nord would be about eight kilograms per barrel, one-fifth the Canadian oil industry average and one-10th of oilsands production. Guilbeault also put 137 conditions on the approval, including that by 2050, production be net zero, where all emissions are captured and stored.
A written statement issued by Guilbeault's office said he would not comment on the court case, but noted the environmental review was "rigorous and thorough."
"They came to the conclusion this project is not likely to cause significant adverse environmental effects when mitigation measures are taken into account," the statement said.
It also said the project is in keeping with Canada's Emissions Reduction Plan, which seeks to meet Canada's obligations under the Paris climate accord to cut greenhouse gas emissions to 40 to 45 per cent below 2005 levels by 2030, and to net zero by 2050.
But Ecojustice lawyer Anna McIntosh told the court Wednesday that almost a year before Bay du Nord was approved, the International Energy Agency said no new fossil fuel projects should get the go-ahead if the world is to keep global warming in check.
She also said the Impact Assessment Agency should have considered not only the emissions that come when the oil is produced but also those that result from the oil being burned.
The review process included submissions from the World Wildlife Fund, which said the total emissions from both production and use of the oil over its entire lifespan would be close to 129.3 million tonnes, 90 per cent of which would be from the combustion side.
"This evidence was uncontroverted," said McIntosh. "It was also ignored."
Ginsberg argued that the review also ignored concerns raised by Mi'gmawe'l Tplu'taqnn about the potential for an oil spill in the North Atlantic Ocean. He said the project is expected to increase the number of oil tankers in migration routes the communities rely on for fishing and cultural practices.
"MTI has brought this case to ensure that every precaution is taken to safeguard the way of life of its communities from
sustaining further harm," he said.
He said the fish the Mi'kmaw rely on for physical and cultural survival are already threatened, and their concerns should have been taken into account.
"And yet Canada failed, and indeed, explicitly refused to consider those impacts as part of the Bay du Nord environmental assessment," said Ginsberg.
Mi'gmawe'l Tplu'taqnn was the consulting agency of record for eight of the nine Mi'kmaw communities it works for, and was not properly included in the consultation process, said Ginsberg.