Downstream GHG Emissions And Sierra Club Canada Foundation v Canada (Environment And Climate Change)

The Federal Court's recent decision in Sierra Club Canada Foundation v. Canada (Environment and Climate Change) highlights the continuing focus in Canada on climate change litigation. The case involved a challenge to a decision by the federal Minister of Environment and Climate Change to approve the Bay du Nord oil development project offshore Newfoundland and Labrador.

The Minister determined that the Bay du Nord project was not likely to cause significant adverse environmental effects. Two environmental non-profit organizations and one not-for-profit organization representing eight Mi'gmaq communities in New Brunswick challenged the Minister's decision in a judicial review application against the federal government and the Bay du Nord project's majority owner, Equinor Canada Ltd. In particular, the applicants claimed the Minister improperly failed to consider the impacts of downstream greenhouse gas (GHG) emissions from the Bay du Nord project. Downstream GHG