Court rules Alberta improperly excluded Pembina Institute fr
Posted: Sun Sep 15, 2013 9:45 amCourt rules Alberta improperly excluded Pembina Institute from oilsands regulatory process
[ http://www.pembina.org/media-release/2484 ]
Media Release Released: Oct. 2, 2013 Media contact: Simon Dyer
EDMONTON — Alberta’s Court of Queen’s Bench has quashed a government decision not to allow the Pembina Institute and the Fort McMurray Environmental Association to participate in the regulatory review of a proposed oilsands project.
In a strongly worded ruling, Justice Marceau called the Alberta Government’s actions “tainted" and concluded, “It is difficult to envision a more direct apprehension of bias,” in the government’s decision to improperly exclude the Pembina Institute’s evidence and participation.
“We are pleased to see that this error has been corrected,” says Simon Dyer, policy director for the Pembina Institute. “Albertans have a right to a fair oilsands regulatory process including the right to be heard and raise concerns about oilsands development.”
The Pembina Institute filed a Statement of Concern with Alberta Environment and Sustainable Resource Development in 2012 to gain standing to express concerns about the second phase of Southern Pacific Resource Corp’s proposed in situ oilsands project on the MacKay River near Fort McMurray.
The project would require up to 1.7 million litres of fresh groundwater every day and contribute to declining regional air quality. Further, the proposed project would be located in the habitat of a threatened caribou herd where disturbance already exceeds the threshold identified in the Federal Recovery Strategy for woodland caribou.
Documents obtained through the court challenge suggest that the Institute’s “recent oilsands publications,” along with the government’s perception that the energy policy think tank was “less inclined to work cooperatively,” were reasons for rejecting the Pembina Institute’s Statement of Concern related to this project and others.
“It’s deeply troubling that the Government of Alberta would attempt to block participation in the regulatory process on grounds that Pembina has raised concerns of its oilsands management policies,” says Dyer. “At a time when evidence is mounting that cumulative environmental impacts from oilsands are exceeding regional thresholds, it’s essential that directly affected stakeholders with credible information get a fair hearing.”
In 2012, there were over 36,000 energy applications in Alberta, including 410 in situ oilsands applications. The regulator held only seven hearings on energy related projects and a single hearing for an in situ oilsands project.
-30-
Contact:
Simon Dyer
Policy Director
Cell: 587-873-3937
Background: *** LINKS on Original URL****
Judgment: official judgment of the Court of Queen’s Bench
Briefing note: Government of Alberta’s reasons for rejection the Statement of Concern from the Oil Sands Environmental Coalition
Media release: "Pembina Institute takes province to court over right to speak at oilsands hearings"
[ http://www.pembina.org/media-release/2477 ]
Judicial review brief: the Pembina Institute’s application to appeal the Government of Alberta’s rejection of OSEC’s Statement of Concern
= = = = =
Judge says Alberta’s effort to bar environmentalists from oilsands hearing ‘tainted, biased’
[ http://www.calgaryherald.com/business/e ... =ee36-a286 ]
by Canadian Press, October 2, 2013, Calgary Herald
A judge has quashed Alberta’s decision to not allow environmental groups to take part in hearings on a proposed oilsands project. The Oilsands Environmental Coalition went to court to challenge Alberta Environment’s ruling involving a thermal oilsands project proposed by Southern Pacific Resource Corp. The province said the groups were not directly affected by the company’s plan to build the project on the banks of the Mackay River in northeastern Alberta. Justice Richard Marceau of Court of Queen’s Bench says the government’s actions were “tainted”, “biased” and breached the principles of natural justice. The coalition, including the Pembina Institute and the Fort McMurray Environmental Association, laud the ruling, saying Albertans have a right to a fair oilsands regulatory process. Alberta Environment officials were not immediately available for comment.
Court rules Alberta improperly excluded Pembina Institute from oilsands regulatory process
[ http://www.vancouverobserver.com/%5Bter ... regulatory ]
by Vancouver Observer, October 2, 2013
Alberta’s Court of Queen’s Bench has quashed a government decision not to allow the Pembina Institute and the Fort McMurray Environmental Association to participate in the regulatory review of a proposed oilsands project, according to a press release from Pembina Institute today. In a strongly worded ruling, Justice Marceau called the Alberta Government’s actions “tainted" and concluded, “It is difficult to envision a more direct apprehension of bias,” in the government’s decision to improperly exclude the Pembina Institute’s evidence and participation, the press release says. “We are pleased to see that this error has been corrected,” says Simon Dyer, policy director for the Pembina Institute. “Albertans have a right to a fair oilsands regulatory process including the right to be heard and raise concerns about oilsands development.”
...
Documents obtained through Freedom of Information requests suggest that the Institute’s “recent oilsands publications,” along with the government’s perception that the energy policy think tank was “less inclined to work cooperatively,” were reasons for rejecting the Pembina Institute’s Statement of Concern related to this project and others. “It’s deeply troubling that the Government of Alberta would attempt to block participation in the regulatory process on grounds that Pembina has raised concerns of its oilsands management policies,” says Dyer. “At a time when evidence is mounting that cumulative environmental impacts from oilsands are exceeding regional thresholds, it’s essential that directly affected stakeholders with credible information get a fair hearing.”
Court quashes Alberta oilsands environmentalist ban, calls it biased' and 'tainted'
[ http://www.stockhouse.com/News/Natural- ... x0ZfmE5.99 ]
by The Canadian Press, October 2, 2013
A judge has quashed Alberta's decision to not allow environmental groups to take part in hearings on a proposed oilsands project. ... A government briefing note entered as evidence also suggested the coalition was being targeted for publishing negative media about the oilsands. Justice Richard Marceau of Court of Queen's Bench called the government's actions “tainted” and “biased” in his written judgment released Tuesday. “It is difficult to envision a more direct apprehension of bias,” he wrote. “Accordingly the director's decision breaches all four principles of natural justice and must be quashed.”
Alberta decision to bar critics from oilsands hearing overturned, Judge calls government's decision 'tainted,' 'biased'
[ http://www.cbc.ca/news/canada/edmonton/ ... -1.1876179 ]
by The Canadian Press, October 2, 2013, CBC News
A judge has quashed Alberta's decision to not allow environmental groups to take part in hearings on a proposed oilsands project. The Oilsands Environmental Coalition went to court last month to challenge Alberta Environment's ruling involving an oilsands mine proposed by Southern Pacific Resource Corp. The province said coalition members were not directly affected by the company's plan to build the project on the banks of the MacKay River in northeastern Alberta.
[ http://www.pembina.org/media-release/2484 ]
Media Release Released: Oct. 2, 2013 Media contact: Simon Dyer
EDMONTON — Alberta’s Court of Queen’s Bench has quashed a government decision not to allow the Pembina Institute and the Fort McMurray Environmental Association to participate in the regulatory review of a proposed oilsands project.
In a strongly worded ruling, Justice Marceau called the Alberta Government’s actions “tainted" and concluded, “It is difficult to envision a more direct apprehension of bias,” in the government’s decision to improperly exclude the Pembina Institute’s evidence and participation.
“We are pleased to see that this error has been corrected,” says Simon Dyer, policy director for the Pembina Institute. “Albertans have a right to a fair oilsands regulatory process including the right to be heard and raise concerns about oilsands development.”
The Pembina Institute filed a Statement of Concern with Alberta Environment and Sustainable Resource Development in 2012 to gain standing to express concerns about the second phase of Southern Pacific Resource Corp’s proposed in situ oilsands project on the MacKay River near Fort McMurray.
The project would require up to 1.7 million litres of fresh groundwater every day and contribute to declining regional air quality. Further, the proposed project would be located in the habitat of a threatened caribou herd where disturbance already exceeds the threshold identified in the Federal Recovery Strategy for woodland caribou.
Documents obtained through the court challenge suggest that the Institute’s “recent oilsands publications,” along with the government’s perception that the energy policy think tank was “less inclined to work cooperatively,” were reasons for rejecting the Pembina Institute’s Statement of Concern related to this project and others.
“It’s deeply troubling that the Government of Alberta would attempt to block participation in the regulatory process on grounds that Pembina has raised concerns of its oilsands management policies,” says Dyer. “At a time when evidence is mounting that cumulative environmental impacts from oilsands are exceeding regional thresholds, it’s essential that directly affected stakeholders with credible information get a fair hearing.”
In 2012, there were over 36,000 energy applications in Alberta, including 410 in situ oilsands applications. The regulator held only seven hearings on energy related projects and a single hearing for an in situ oilsands project.
-30-
Contact:
Simon Dyer
Policy Director
Cell: 587-873-3937
Background: *** LINKS on Original URL****
Judgment: official judgment of the Court of Queen’s Bench
Briefing note: Government of Alberta’s reasons for rejection the Statement of Concern from the Oil Sands Environmental Coalition
Media release: "Pembina Institute takes province to court over right to speak at oilsands hearings"
[ http://www.pembina.org/media-release/2477 ]
Judicial review brief: the Pembina Institute’s application to appeal the Government of Alberta’s rejection of OSEC’s Statement of Concern
= = = = =
Judge says Alberta’s effort to bar environmentalists from oilsands hearing ‘tainted, biased’
[ http://www.calgaryherald.com/business/e ... =ee36-a286 ]
by Canadian Press, October 2, 2013, Calgary Herald
A judge has quashed Alberta’s decision to not allow environmental groups to take part in hearings on a proposed oilsands project. The Oilsands Environmental Coalition went to court to challenge Alberta Environment’s ruling involving a thermal oilsands project proposed by Southern Pacific Resource Corp. The province said the groups were not directly affected by the company’s plan to build the project on the banks of the Mackay River in northeastern Alberta. Justice Richard Marceau of Court of Queen’s Bench says the government’s actions were “tainted”, “biased” and breached the principles of natural justice. The coalition, including the Pembina Institute and the Fort McMurray Environmental Association, laud the ruling, saying Albertans have a right to a fair oilsands regulatory process. Alberta Environment officials were not immediately available for comment.
Court rules Alberta improperly excluded Pembina Institute from oilsands regulatory process
[ http://www.vancouverobserver.com/%5Bter ... regulatory ]
by Vancouver Observer, October 2, 2013
Alberta’s Court of Queen’s Bench has quashed a government decision not to allow the Pembina Institute and the Fort McMurray Environmental Association to participate in the regulatory review of a proposed oilsands project, according to a press release from Pembina Institute today. In a strongly worded ruling, Justice Marceau called the Alberta Government’s actions “tainted" and concluded, “It is difficult to envision a more direct apprehension of bias,” in the government’s decision to improperly exclude the Pembina Institute’s evidence and participation, the press release says. “We are pleased to see that this error has been corrected,” says Simon Dyer, policy director for the Pembina Institute. “Albertans have a right to a fair oilsands regulatory process including the right to be heard and raise concerns about oilsands development.”
...
Documents obtained through Freedom of Information requests suggest that the Institute’s “recent oilsands publications,” along with the government’s perception that the energy policy think tank was “less inclined to work cooperatively,” were reasons for rejecting the Pembina Institute’s Statement of Concern related to this project and others. “It’s deeply troubling that the Government of Alberta would attempt to block participation in the regulatory process on grounds that Pembina has raised concerns of its oilsands management policies,” says Dyer. “At a time when evidence is mounting that cumulative environmental impacts from oilsands are exceeding regional thresholds, it’s essential that directly affected stakeholders with credible information get a fair hearing.”
Court quashes Alberta oilsands environmentalist ban, calls it biased' and 'tainted'
[ http://www.stockhouse.com/News/Natural- ... x0ZfmE5.99 ]
by The Canadian Press, October 2, 2013
A judge has quashed Alberta's decision to not allow environmental groups to take part in hearings on a proposed oilsands project. ... A government briefing note entered as evidence also suggested the coalition was being targeted for publishing negative media about the oilsands. Justice Richard Marceau of Court of Queen's Bench called the government's actions “tainted” and “biased” in his written judgment released Tuesday. “It is difficult to envision a more direct apprehension of bias,” he wrote. “Accordingly the director's decision breaches all four principles of natural justice and must be quashed.”
Alberta decision to bar critics from oilsands hearing overturned, Judge calls government's decision 'tainted,' 'biased'
[ http://www.cbc.ca/news/canada/edmonton/ ... -1.1876179 ]
by The Canadian Press, October 2, 2013, CBC News
A judge has quashed Alberta's decision to not allow environmental groups to take part in hearings on a proposed oilsands project. The Oilsands Environmental Coalition went to court last month to challenge Alberta Environment's ruling involving an oilsands mine proposed by Southern Pacific Resource Corp. The province said coalition members were not directly affected by the company's plan to build the project on the banks of the MacKay River in northeastern Alberta.