Legal challenge to major B.C. port expansion 'fundamentally flawed,' say lawyers

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Approval of Roberts Bank Terminal 2 expansion project to support $100 billion in annual trade, but detractors say it risks survival of endangered killer whales.

A legal challenge to Canada’s approval of a major B.C. port expansion over fears it would further threaten an endangered killer whale population is “fundamentally flawed,” lawyers for the federal government and the Vancouver Fraser Port Authority said Tuesday.

Khan told Federal Justice Christine Pallotta that the federal government’s decision was a “discretionary one based on the widest considerations of policy and public interest.” A month later, Georgia Strait Alliance, David Suzuki Foundation, Raincoast Conservation Foundation, and Western Canada Wilderness Committee filed a joint application for judicial review of the case with Canada’s federal court.

“Obviously, if there were ever a project that tests if is willing to put the money where their mouth is, this is it. And they didn't do that.” “Just because the environmental assessment is now over doesn't mean the minister stops assessing the effectiveness of the conditions or the measures under SARA,” Khan said.

‘Going to support Canada's economic growth’ Geoff Cowper, a lawyer for the Vancouver Fraser Port Authority, said his client was proud of the project, its potential for the country and the process that led to its approval — including measures to protect southern resident killer whales. The number of vessels arriving in to the region's port facilities is not expected to grow because vessels are getting bigger and so can handle more cargo, according to its submissions from the port authority.

Cowper defended the more than decade-long approval process as one that has created “a process that will establish an acceptable noise level and means to manage that noise level.” Port argues healthy economy funds healthy environmental protection Cowper said the federal approval of the port expansion project is part of a national conversation over how environmental protection can occur while maintaining “an economy that can actually fuel and fund those preservation measures.”

Source: Law Daily Report (lawdailyreport.net)

 

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