NunatsiaqOnline 2011-04-15: NEWS: Nunavut’s Mary River iron mine may end up twice as big: draft EIS
The promoters of the Mary River iron mine in North Baffin have a plan for everything.
These plans are spelled out in volumes nine and 10 of their draft Environmental Impact Statement, which deal with their environmental, health and safety management systems and the mine’s cumulative effects.
This final portion of the draft EIS shows there’s also a high level uncertainty involved in the entire project as it’s presented in the EIS, which runs to more than 5,000 pages.
That’s because the Mary River mine, recently acquired from Baffinland Iron Mines Corp. by the steel—making giant ArcelorMittal, may expand to twice the size predicted in the draft EIS.
So, instead of mining 21 million tonnes of iron ore a year over 21 years, the mine would also grow to include rich nearby iron deposits, doubling its production and lasting many years longer.
If these deposits are developed, on land, this means emissions from waste incineration and dust could cumulatively affect local air quality, the draft EIS says.
As well, there could be effects on Arctic char health and condition habitat and some “direct mortality.”
“The credible development scenario of a doubling of production at Mary River” would also mean twice as much shipping. This would result in a ship transits every day along the southern and northern shipping routes, the draft EIS says.
This increase in shipping frequency would likely increase the potential for cumulative effects, increasing the likelihood that more than one ore carrier will be in a given area at the same time — so shipping could have more of an impact on marine mammals during the ice-covered season, and, during the open-water period, on whales and narwhals in Eclipse Sound and Milne Inlet.
There would also be an increase in temperatures in the immediate vicinity of the dock sites of the mine’s two ports.
And the amount of land-fast ice disrupted as a result of a larger mine “may conservatively be doubled.”
More ships in Steensby Port (and possibly Milne Port) could also lead to a doubling of the amount of ballast water released from ships.
Sunday, April 17, 2011
Quebec vs Moses Agreement: Enviromental Assessments in Northern Quebec
Attorney General of Quebec v. Moses - Supreme Court of Canada decision on environmental assessments in northern Quebec
By Charles Kazaz
Fasken Martineau DuMoulin LLP
On May 14, 2010 the Supreme Court of Canada handed down its long awaited decision in Attorney General of Quebec v. Moses.
The decision deals with issues related to the applicability of Federal environmental impact assessment (“EIA”) legislation in the territory covered by the James Bay and Northern Quebec Agreement (“JBNQA”).
In a 5-4 decision the Supreme Court of Canada concluded that the proponent of the Project could not proceed without a Federal fisheries permit and that the Quebec Court of Appeal decision should be varied to require compliance with the Federal EIA process rather than the JBNQA EIA process. The issuance of the Federal fisheries permit is also subject to the Crown’s duty to consult with the Cree to the extent that it may adversely affect their rights under the agreement.
Background
The JBNQA is a modern treaty between the Government of Canada, the Government of Quebec and the Cree and Inuit of Northern Quebec. It establishes a specific environmental and social protection regime that applies to the territory covered by the agreement. The EIA process will differ depending on whether the Project is under federal or provincial jurisdiction.
Under the JBNQA, if a project is of provincial jurisdiction the EIA process is conducted through a committee composed of members of the Quebec government and the Cree and decisions are made by a Provincial Administrator. If a project is of federal jurisdiction the EIA process is conducted through a committee composed of members of the Federal government and the Cree and decisions are made by a Federal Administrator. In exceptional circumstances a review can be conducted by a joint federal-provincial panel.
The case involved a proposed Vanadium Mine (the “Project”) in the vicinity of Chibougamau, Quebec. Given the Project’s potential impact on fish habitat –
By Charles Kazaz
Fasken Martineau DuMoulin LLP
On May 14, 2010 the Supreme Court of Canada handed down its long awaited decision in Attorney General of Quebec v. Moses.
The decision deals with issues related to the applicability of Federal environmental impact assessment (“EIA”) legislation in the territory covered by the James Bay and Northern Quebec Agreement (“JBNQA”).
In a 5-4 decision the Supreme Court of Canada concluded that the proponent of the Project could not proceed without a Federal fisheries permit and that the Quebec Court of Appeal decision should be varied to require compliance with the Federal EIA process rather than the JBNQA EIA process. The issuance of the Federal fisheries permit is also subject to the Crown’s duty to consult with the Cree to the extent that it may adversely affect their rights under the agreement.
Background
The JBNQA is a modern treaty between the Government of Canada, the Government of Quebec and the Cree and Inuit of Northern Quebec. It establishes a specific environmental and social protection regime that applies to the territory covered by the agreement. The EIA process will differ depending on whether the Project is under federal or provincial jurisdiction.
Under the JBNQA, if a project is of provincial jurisdiction the EIA process is conducted through a committee composed of members of the Quebec government and the Cree and decisions are made by a Provincial Administrator. If a project is of federal jurisdiction the EIA process is conducted through a committee composed of members of the Federal government and the Cree and decisions are made by a Federal Administrator. In exceptional circumstances a review can be conducted by a joint federal-provincial panel.
The case involved a proposed Vanadium Mine (the “Project”) in the vicinity of Chibougamau, Quebec. Given the Project’s potential impact on fish habitat –
U.S.: BP Handling of Claims Slammed by Gulf Residents
U.S.: BP Handling of Claims Slammed by Gulf Residents - IPS ipsnews.net
NEW ORLEANS, Louisiana, Apr 17, 2011 (IPS) - Attorney Kenneth Feinberg, paid by BP to administer the firm's 20-billion-dollar compensation fund, has become the focal point of anger for Gulf residents who are angry, frustrated and desperate for help following last year's massive oil disaster.
"Most of the people I care about are hungry, they've lost their house, they're losing their cars," Cherri Foytlin, the co-founder of Gulf Change, a community organisation in Louisiana, told IPS.
"I've met so many people who had red beans and rice for dinner last Christmas while this man's firm is getting 850,000 dollars a month for this," she said. "I saw people on their knees in these meetings begging this man. I don't know how he sleeps at night. He takes money from BP and claims to represent and care about people in the Gulf."
Foytlin refers to Feinberg's firm being paid approximately one million dollars per month by
NEW ORLEANS, Louisiana, Apr 17, 2011 (IPS) - Attorney Kenneth Feinberg, paid by BP to administer the firm's 20-billion-dollar compensation fund, has become the focal point of anger for Gulf residents who are angry, frustrated and desperate for help following last year's massive oil disaster.
"Most of the people I care about are hungry, they've lost their house, they're losing their cars," Cherri Foytlin, the co-founder of Gulf Change, a community organisation in Louisiana, told IPS.
"I've met so many people who had red beans and rice for dinner last Christmas while this man's firm is getting 850,000 dollars a month for this," she said. "I saw people on their knees in these meetings begging this man. I don't know how he sleeps at night. He takes money from BP and claims to represent and care about people in the Gulf."
Foytlin refers to Feinberg's firm being paid approximately one million dollars per month by
Wednesday, April 13, 2011
Often used phrase,..
" The more I studied the case, the more I felt I knew absolutely nothing. It was like slowly peeling an onion- only to find another layer"- Alexandra Pike - "A Crazy Case": Insolvency and Environmental Issues. i.e. Abitbi
Trends in Alberta Enviromental Enforcement
"Fines,Fowl and Finger Pointing" by Stuart Chambers.
Briefly:
StatOil will by appearing before Alberta Supreme Court for the first time this week.
The Duck Scandal in Fort McMurray:1,600 waterfowl stuck in tailing's pond.
Keyano College In Fort McMurray received $75,000 for scholarships
CREATIVE SENTENCING: $1.3 million was given to the University of Alberta
The last session.
Briefly:
StatOil will by appearing before Alberta Supreme Court for the first time this week.
The Duck Scandal in Fort McMurray:1,600 waterfowl stuck in tailing's pond.
Keyano College In Fort McMurray received $75,000 for scholarships
CREATIVE SENTENCING: $1.3 million was given to the University of Alberta
The last session.
Monday, April 11, 2011
Welcome the new Chair....Andre Turmel
Président/Chair
André Turmel - Fasken Martineau DuMoulin S.E.N.C.R.L., s.r.l.
800 place Victoria, bureau 3700
CP 242 succ Tour de la Bourse
Montréal, QC H4Z 1E9
Tel (514) 397-5141 Fax (514) 397-7600
aturmel@fasken.com
800 Victoria Square
The building's anchor tenant is still the Montreal Exchange on floors 3 and 4. The national and international law firm Fasken Martineau occupies six floors as well as space for services on the rez de chaussée. The building is managed by Magil Laurentian Realty Corporation. In August 2004 Jolina Capital, owned by Lino Saputo who is also head of foodmaker Saputo Foods, acquired a majority stake in the building. Property management is still handled by Magil Laurentian, who retains a minority stake.
André Turmel - Fasken Martineau DuMoulin S.E.N.C.R.L., s.r.l.
800 place Victoria, bureau 3700
CP 242 succ Tour de la Bourse
Montréal, QC H4Z 1E9
Tel (514) 397-5141 Fax (514) 397-7600
aturmel@fasken.com
800 Victoria Square
The building's anchor tenant is still the Montreal Exchange on floors 3 and 4. The national and international law firm Fasken Martineau occupies six floors as well as space for services on the rez de chaussée. The building is managed by Magil Laurentian Realty Corporation. In August 2004 Jolina Capital, owned by Lino Saputo who is also head of foodmaker Saputo Foods, acquired a majority stake in the building. Property management is still handled by Magil Laurentian, who retains a minority stake.
Honored by Distinguished Panel:CONTAMINATED WATER AND TRANS‐BOUNDRY POLLUTION
– CONTAMINATED WATER AND TRANS‐BOUNDRY POLLUTION
According to African proverb, dirty water cannot be washed. So what happens to it when it crosses a
border? What can be done to deal with disputes and, more importantly, to put things right? An
experienced, international panel will serve as your guides.
Speakers:
Katia Opalka, Blake Cassels & Graydon LLP
John Cruden, Former Chair, American Bar Association's Section of Environment, Energy and Resources
Ian Sampson, Shepstone & Wylie Attorneys, South Africa
Chair:
Eugene Smary, Warner Norcross Judd LLP, Grand Rapids
Banff Springs
Imagine them closing the huge arched windows on the spectacular scenery. I wonder if Statoil closed their windows in the Conservatory nearby.
Luncheon
Steve McKinney, Balch & Bingham LLP
Steve McKinney is a partner in the Birmingham, Alabama office of the 250 lawyer firm of Balch &
Bingham LLP and is Chair of the American Bar Association’s Section on Environment, Energy and
Resources. A man with “true grits”, Steve will combine his first‐hand involvement in the aftermath of
one of America’s greatest man‐made environmental disasters with his energetic and engaging speaking
style to make for an enlightening and entertaining presentation that will not be soon forgotten.
A very decent man.
--------------------------------
Then Kai Sheffield was awarded a plaque the best dissertation :
Kai Sheffield, Faculty of Law, University of Toronto, is the winner of the Essay Competition for Law Schools David Estrin 2011 of the Law Section of the environment, energy and resources ( NELS) of the Canadian Bar Association (CBA).
Mr. Sheffield's dissertation, entitled "Of Pulp Mills and Oil Spills: Strict liability STATE Under Customary International Law When energy and resource projects cause trans-boundary Environmental Harm", addresses the question of whether state practices support a strict liability State with regard to border issues affecting the environment. Mr. Sheffield apparent to those issues lately, such as the oil spill in the Gulf of Mexico in 2010.
"This very well written essay provides a useful overview of issues concerning the responsibility of the state," said Alexandria Pike, President of the dissertation committee SNDE. "His comprehensive review of key academic sources, and his study of historical and recent events, ensure that this essay is very timely and deserving of the award this year. "
Mr. Sheffield, a native of Vancouver continues its second year law student at the University of Toronto. Following his undergraduate studies at the University of British Columbia, he participated as a volunteer at a center for conservation of sea turtles in Costa Rica. He is keenly interested in environmental law and resource provides practice law in these areas after graduation.
WATERSHED MANAGEMENT AND CUMULATIVE EFFECTS:Bev Yee
Where regulators once looked at point sources emissions and individual tributaries, the management of surface and groundwater has moved to the management of overall watersheds and counting up all of the current and potential impacts. Canadian and American lawyer and regulators will give their expert insights and give you a better understanding of how these changes affect the developments that are proposed by or that may impact upon your clients.
Here Bev Yee, discusses the newly released draft of the Alberta Government position of the Lower Athabasca River watershed. Very good intentions announced. It was a strange session! Because following her was Judy Stewart ,who gave a counter argument concerning disappearing Wetlands. The fire Alarm went off, but nobody moved- and which hampered her speaking.
Speakers: Bev Yee, Assistant Deputy Minister‐ Strategy Division, Alberta Environment Lawrence J. Caster, Fennemore Craig, Phoenix Judy Stewart, Sole Practitioner Chair: Laura Bowman, Environmental Law CentreSulphur Mountain Observation Deck
Before boarding the Gondola, we were each issued with a choice of either red or white wine.While gliding to the top of the mountain,we sipped and chatted. Reps from across Canada, and the states ,and Austrailia and South Africa. Finger food was served. I tried some alfafa sprouts rolled in raw fish. People kindly put up with me, but now I realise that I have to practice shaking hands with my left hand. A bit late realisation.
SPECIFIC WATER ISSUES INVOLVING SHALE GAS AND COAL‐BED METHANE
Certain industries create insatiable demand for or unique challenges related to water and water
protection. None are more topical then the extraction of natural gas from coal beds and shale deposits.
Can the demand for energy be safely balanced against the protection of vast volumes of groundwater?
Attend and find out about the risk, opportunities and whether the regulatory frameworks and common
law and civil law protections are up to the task.
Speakers:
Sander Duncanson, Osler Hoskin & Harcourt LLP
Mark Boling, Executive Vice‐President of Southwestern Energy Corporation
Chair:
Jim Thistle Q.C., McInnes Cooper
Interesting side note...
Beverly,Deputy Minister of Alberta Environment discussed at great length, with many words the newly released draft of April 6th LARP (Lower Athabasca ??) which describes Alberta's position on the treatment of water of the Lower Athabasca and Sask. Rivers... filled with good intentions - but NO legal teeth. Later ,oddly enough, I ate lunch at the same table as she- with other Albertans. While listening to McKinney of Alabama,head of the class action suit against BP Deep Horizon Oil spill. He began with Alabama College football,giving away football jerseys and paid respects and thanks to the lady who actually wrote the 500 page conclusion. We ate mildly cooked beef. I ate it!It was almost raw!
Judy Stewart, the opposing argument, of what is happening to the wetlands- was interrupted by Fire Alarms- I had not realised that the Alberta Government was listening to every word that was said.
I forgot the papers on the plane...
Judy Stewart, the opposing argument, of what is happening to the wetlands- was interrupted by Fire Alarms- I had not realised that the Alberta Government was listening to every word that was said.
I forgot the papers on the plane...
Sunday, April 10, 2011
Canada's Recent Position
Canada said a new mechanism should not be created, and suggested extending the concept of “One UN” to sustainable development, possibly through a troika of regional commissions, UNEP and the UN Development Programme (UNDP), periodically bringing issues to the international community through the UN Economic and Social Council (ECOSOC) or a reformed CSD. Bolivia said the CSD should ensure participation by all stakeholders. Indonesia supported empowering and strengthening UN components such as ECOSOC and the CSD. Australia said reform proposals should go beyond UNEP and consider other actors, including the CSD. Canada is more a trade mission, akin to the present British Government under Cameron. Foreign Affairs & Foreign Trade have merged as one ministry within the past 2 years. Any NAFTA conflicts (i.e. Metalclad Mexico vs US) the court is held in Vancouver.
Banff Springs Location
Most of the sessions were held in the Albert Room, with massive arched Romanesque windows displaying the grandeur of the Canadian Rockies. Even StatOil was convening a meeting in the Conservatory- the surroundings so breathtaking. Very busy place, with ballet/dance auditions also being held .
Note:(What I learned from the dancers- I have to learn to put on make-up; with out looking like a grossed out clown.Lips too red..etc.)
Eco-bulletin, August 2010
Eco-bulletin, August 2010
Federal Government responds to Supreme Court of Canada decision in Miningwatch
By Stuart Chambers
In our article published in the March 2010 Ecobulletin, we discussed the decision of the Supreme Court of Canada in MiningWatch Canada v. Canada (Fisheries and Oceans), otherwise known as the “MiningWatch” decision.
Attorney General of Quebec v. Moses - Supreme Court of Canada decision on environmental assessments in northern Quebec
By Charles Kazaz
On May 14, 2010 the Supreme Court of Canada handed down its long awaited decision in Attorney General of Quebec v. Moses.
Globe 2010: A recap of sessions
By Tony Crossman, John Tidball, Bryan Buttigieg, Tamara Farber, Sarah Hansen, Charles Bois
On February 9, 2010, Canada’s Environment Minister submitted a draft of the proposed Wastewater Systems Effluent Regulations to public consultation.
Federal Government responds to Supreme Court of Canada decision in Miningwatch
By Stuart Chambers
In our article published in the March 2010 Ecobulletin, we discussed the decision of the Supreme Court of Canada in MiningWatch Canada v. Canada (Fisheries and Oceans), otherwise known as the “MiningWatch” decision.
Attorney General of Quebec v. Moses - Supreme Court of Canada decision on environmental assessments in northern Quebec
By Charles Kazaz
On May 14, 2010 the Supreme Court of Canada handed down its long awaited decision in Attorney General of Quebec v. Moses.
Globe 2010: A recap of sessions
By Tony Crossman, John Tidball, Bryan Buttigieg, Tamara Farber, Sarah Hansen, Charles Bois
On February 9, 2010, Canada’s Environment Minister submitted a draft of the proposed Wastewater Systems Effluent Regulations to public consultation.
WELCOME AND OPENING REMARKS FROM THE CO‐CHAIRS
Dufferin Harper, Blake, Cassels & Graydon LLP, Calgary
John Stefaniuk, Thompson Dorfman Sweatman LLP Winnipeg
The Canadian Bar Association's National Environment, Energy and Resource Law Section is pleased to present the latest instalment in its popular, ongoing, annual summit, focused this year on water rights and water protection and regulation, in a new, expanded two-day program format. We are especially pleased to have the participation of the International Law Section in this year's program.
Water is life. As the demand for clean water increases and as supplies are threatened, it is crucial that lawyers hone their understandings of the federal, provincial and international laws and rules surrounding this invaluable, irreplaceable and scarce resource.
Sierra Club Sues Department of Energy Over Future IGCC Plant
Balch & Bingham LLP - Southeast Environmental Law Blog - Sierra Club Sues Department of Energy Over Future IGCC Plant
Sierra Club Sues Department of Energy Over Future IGCC Plant
March 11, 2011 9:31 AM
DOE awarded federal cost-shared funding to the Mississippi Power Company to develop a 582-megawatt IGCC plant in Kemper County, Mississippi. IGCCs are the latest technology for providing electricity from coal. IGCC turns coal into gas—synthesis gas (syngas). It then removes impurities from the coal gas before it is combusted. This results in lower emissions of sulfur dioxide, particulates and mercury. In addition to reducing these pollutants, the proposed plant will also undertake carbon capture and sequestration (CCS).
Sierra Club claims that DOE elected to finance the IGCC plant without fully disclosing its environmental impacts, and without undertaking any meaningful analysis of alternatives. With this lawsuit, Sierra Club seeks to enjoin DOE from releasing federal funding and from approving federal loan guarantees for the IGCC plant until DOE complies with NEPA and confronts the global warming impacts and other environmental consequences of this project both individually and cumulatively in combination with other federally funded projects.
Sierra Club Sues Department of Energy Over Future IGCC Plant
March 11, 2011 9:31 AM
DOE awarded federal cost-shared funding to the Mississippi Power Company to develop a 582-megawatt IGCC plant in Kemper County, Mississippi. IGCCs are the latest technology for providing electricity from coal. IGCC turns coal into gas—synthesis gas (syngas). It then removes impurities from the coal gas before it is combusted. This results in lower emissions of sulfur dioxide, particulates and mercury. In addition to reducing these pollutants, the proposed plant will also undertake carbon capture and sequestration (CCS).
Sierra Club claims that DOE elected to finance the IGCC plant without fully disclosing its environmental impacts, and without undertaking any meaningful analysis of alternatives. With this lawsuit, Sierra Club seeks to enjoin DOE from releasing federal funding and from approving federal loan guarantees for the IGCC plant until DOE complies with NEPA and confronts the global warming impacts and other environmental consequences of this project both individually and cumulatively in combination with other federally funded projects.
Balch & Bingham LLP - Southeast Environmental Law Blog
Balch & Bingham LLP - Southeast Environmental Law Blog
Welcome to the Southeast Environmental Law Blog. This information is organized both chronologically and by functional topics to provide user-friendly access to key environmental issues.
IF YOU WANT TO RECEIVE MOBILE ALERTS OF ENVIRONMENTAL LAW DEVELOPMENTS, YOU CAN NOW FOLLOW US ON TWITTER AT HTTP://TWITTER.COM/SEENVLaw.
Sierra Club Sues Department of Energy Over Future IGCC Plant
March 11, 2011 9:31 AM
Yesterday, the Sierra Club filed a lawsuit against the Department of Energy (DOE) accusing DOE of providing incentive money to build an Integrated Gasification Combined Cycle (IGCC) power plant in Mississippi without complying with the National Environmental Policy Act (NEPA).
read more
Just What Is Alabama's Solid Waste Management Advisory Committee?
February 24, 2011 9:26 AM
Committee will work to develop new landfill regulations for Alabama
Welcome to the Southeast Environmental Law Blog. This information is organized both chronologically and by functional topics to provide user-friendly access to key environmental issues.
IF YOU WANT TO RECEIVE MOBILE ALERTS OF ENVIRONMENTAL LAW DEVELOPMENTS, YOU CAN NOW FOLLOW US ON TWITTER AT HTTP://TWITTER.COM/SEENVLaw.
Sierra Club Sues Department of Energy Over Future IGCC Plant
March 11, 2011 9:31 AM
Yesterday, the Sierra Club filed a lawsuit against the Department of Energy (DOE) accusing DOE of providing incentive money to build an Integrated Gasification Combined Cycle (IGCC) power plant in Mississippi without complying with the National Environmental Policy Act (NEPA).
read more
Just What Is Alabama's Solid Waste Management Advisory Committee?
February 24, 2011 9:26 AM
Committee will work to develop new landfill regulations for Alabama
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