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ARTICLE · 10 MARCH 2014

Pacific Booker Minerals Inc. V. British Columbia (Environment), 2013 BCSC 2258

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This judicial review decision highlights the importance of procedural fairness in the environmental assessment process.

CanadaEnergy and Natural Resources

PACIFIC BOOKER MINERALS INC. V. BRITISH COLUMBIA (ENVIRONMENT), 2013 BCSC 2258

This judicial review decision highlights the importance of procedural fairness in the environmental assessment process. The British Columbia Supreme Court quashed a decision not to issue an environmental assessment certificate in circumstances where the proponent had not been given an opportunity to respond to concerns.

Pacific Booker Minerals Inc. (Pacific Booker) had been pursuing an environmental assessment certificate under British Columbia's Environmental Assessment Act (Act) for several years, so that it could construct an open pit copper/gold and molybdenum mine. The proposed mine was expected to extract 30,000 tonnes of ore daily over a lifespan of about 21 years.

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