B.C. Environmental Appeal Board Rejects Precautionary Principle In Favour Of "Cautious Approach"

In a recent decision upholding an air permit amendment issued to Rio Tinto Alcan Inc. (Rio Tinto) for the expansion of its smelter in Kitimat, the British Columbia Environmental Appeal Board (Board) ruled on a number of key principles applicable to the assessment of waste permit applications by the B.C. Ministry of Environment (Ministry) under the Environmental Management Act (EMA). Of particular note, the Board rejected the application of the precautionary principle in favour of a less stringent "cautious approach", and confirmed that the Ministry is not required to include cumulative effects in its consideration of permit applications.

This decision makes it clear that rigorous and scientifically defensible technical analysis of the impact of proposed emissions on human health and the environment is critical to successful permit applications. However, the determination that some impacts will occur is not a bar to obtaining a permit or amendment, provided it can be