Environmental Assessments And Greenhouse Gas Emissions

Copyright 2008, Blake, Cassels & Graydon LLP

Introduction

In what can only be interpreted as a wake-up call to companies involved in projects that may emit significant greenhouse gas emissions, on March 5, 2008, the Federal Court released its judgment involving the Kearl Oil Sands (Kearl Project). The decision involved the judicial review of an environmental assessment conducted by a Joint Review Panel established by the Alberta Energy and Utilities Board and the Government of Canada (Panel). The judicial review was initiated by various non-profit organizations and encompassed several issues, including the assertion that the final report prepared by the Panel did not comply with the mandatory steps as set out in the Canadian Environmental Assessment Act (CEAA). The concern of the applicants was that the Panel did not provide any rationale in its report for its recommendations regarding