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environmental law > environmental assessment > Flashcards

environmental assessment Flashcards

1
Q

EA sources of law

A
  • aug 28: new IAA replaced CEAA
  • IAA gives fed gov role in EAs
  • provs and territories have own EA laws
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2
Q

OMR case role in EA law

A
  • environment big complex issue shared btwn jurisdictions

- brought up status of EAs as a decision making tool, legitimate process

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3
Q

what is EA

A
  • legally required process to evaluate impacts of projects
  • identifies actual or potential impacts about environment and how to mitigate
  • promotes better decision making about project proceeding (ideal)
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4
Q

who conducts EA

A
  • proponent, often hires consulting company
  • government reviews EA
  • conflict of interest: proponent hires company, if too many impacts may not rehire
  • once report published public can comment
  • if public mad can hire company to make another EA
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5
Q

government wants to do project that requires EA?

A
  • department responsible must do EA
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6
Q

burden on business of EA

A
  • EA laws vary across country, can be frustrating for businesses operating in diff provinces
  • fed and prov EA on same project: can be slow process, some projects may be discontinued bc lengthy EA, introduces uncertainty for businesses
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7
Q

EA alternatives?

A
  • no EA
  • strict regulations that dont consider specific circumstances - good for environment, but no consideration of diff businesses and locations
  • EA tries to find a balance between business and society interests
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8
Q

EA decision makers

A
  • fed: minister environment, canadian impact assessment agency
  • provincial: minister of environment
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9
Q

advanced EA

A
  • cumulative effects assessments
  • public consultations
  • strategic level assessments
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10
Q

federal impact assessment

A
  • if EA required it will be listed under physical activities regulations
  • national parks, military, mining, nuclear energy, fossil fuels, electrical transmission and pipelines, renewable energy
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11
Q

old vs new: agencies

A

old: 3 agencies (CEAA, NEB, NE)
new: 1 agency: IAA

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12
Q

old vs new: EA needed?

A
  • same
  • prescribed by regs
  • ministerial discretion can designate project
  • if project on fed land needs permission
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13
Q

new in IAA: decision making phase

A
  • whether to carry out assessment
  • whether to coordinate with other jurisdictions
  • scope of assessment
  • can end project befroe doing EA if there are obvious unacceptable impacts
  • agency must offer to consult with other jurisdictions that have powers related to project
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14
Q

new in IAA: expanded scope

A
  • need for project
  • indigenous traditional knowledge
  • contribution to sustainability
  • gender issues
  • impact on ghg emissions
  • impact on indigenous rights
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15
Q

danger of EA by provs only

A
  • subject to influence by company: more vulnerable to economic interests, pressure to approve project
  • desire to keep certain businesses operating bc politics: economic benefits most relevant to province
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16
Q

northern pulp problems

A
  • wants to pump effluent into northumberland strait
  • forestry industry that if NP stopped industry will collapse
  • people say it will only be short term loss
  • can expect unbiased decision maker?
17
Q

NP: justice fichaud

A
  • province paying NP for treatment plant design and engineering (secret revealed in court by NP)
  • province should have consulted pictou landing before spending
  • province acting as investor and regulator - not fair judgement
  • after paying it would be unlikely to deny approval
  • contractual approval would likely facilitate statutory approvals
18
Q

prov EA law

A
  • NS environment act, part 4
  • if proposed undertaking listed in EA regulations then subject to EA (class I or II)
  • minister can decide to require EA
19
Q

auditor general

A
  • independent of gov
  • appointed by and reports to house of assemnly
  • issues independent opinion on gov financial reports
  • conducts performance audits on public sector operations
20
Q

AG on EA

A
  • 2013-2016: 54 EAs, 53 approved
  • NSE not evaluating if terms and conditions achieve goals
  • NSE monitoring of conditions weak - no timelines or indication of who doc should be submitted to, only 75/276 projects in tracking system
  • increases risk to environment
21
Q

EA cases in NS

A
  • if unhappy with EA –> judical review, only way to challenge decision is in court
  • if not directly affected by EA, standing is a hurdle - must be public interest litigant

environmental law (14 decks)

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