British Columbia Environmental Appeal Board Reduces Redundancy In Appeal Proceedings

On December 4, 2014, the British Columbia Environmental Appeal Board (the "Board") issued reasons in a preliminary hearing relating to an appeal against Rio Tinto Alcan Inc.'s ("Rio Tinto") amended multi-media permit (the "Permit") for its Kitimat Modernization Project.

A. Background

The Permit authorizes Rio Tinto to discharge effluent, emissions, and waste from its aluminum smelter located in Kitimat, British Columbia. In April 2012, the Director, under authority of the Environmental Management Act (the "Act"), approved certain amendments to the Permit, which were sought by Rio Tinto in support of a project designed to modernize and increase the production at the Kitimat smelter. The amendment authorized an increase in the sulphur dioxide emission limit and added several conditions to the Permit, including a requirement to develop and implement an environmental effects monitoring plan (the "Plan") which is approved by the Ministry of Environment. The