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ARTICLE · 04 AUGUST 2023

Court Rules That Unquantifiable Climate Impacts Are Not Sufficient To Overturn Project Approval

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In a recent decision, the Federal Court has rejected an attempt by non-governmental organizations (NGOs) to set aside ministerial approval of a significant...

CanadaEnvironment
Michael Theroux
Michael Theroux
Laura Gill
Laura Gill
Timothy Ke (Summer Student)
Timothy Ke (Summer Student)
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In a recent decision, the Federal Court has rejected an attempt by non-governmental organizations (NGOs) to set aside ministerial approval of a significant offshore oil and gas project. The NGOs argued that the Minister failed to take into account downstream emissions and marine shipping risks in approving the project. This case is another example of NGOs using the court process to advance concerns about climate change. The ruling demonstrates that courts may defer to project approvals where downstream impacts are not primary considerations in granting approval.

Background

The project involves an oil production site 500 kilometres offshore from the coast of St. John's, Newfoundland and Labrador. The scope of the project also includes offloading of crude oil to tankers within a designated project zone. An estimated 300 million barrels of crude oil is available for recovery over an operational life span of approximately 30 years.

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