Chamber of Commerce and Industry WA’s Post

Check out my new article in collaboration with Jared Knott on the new Impact Assessment Act Reference. That UVic environmental law background is already coming in handy! 😉

Five of the seven Canadian Supreme Court justices recently found that the authority of the Impact Assessment Act (IAA) is too broad and ruled that the act is partially unconstitutional. So, what is the future of environmental impact assessment in Canada? In the latest article from our Indigenous Law team, Hannah Solmon and Jared Knott aim to answer that question. The pair cover: > An overview of the IAA and how it was intended to work; > The reference by the Alberta Court of Appeal on whether the IAA is unconstitutional; > The Supreme Court’s decision on the reference; and > Implications for the future of environmental impact assessment Read the article here > https://bit.ly/3S6SncO #Indigenouslaw #environmentalimpact

See our article below on the latest reforms to the wonderful world of clause 4.6 requests!

📢News Story: Canada's Supreme Court declares Ottawa's Impact Assessment Act largely unconstitutional. The Act allowed regulators to assess the environmental and social impacts of projects. 🍁The ruling came as part of a "reference case" involving provincial and federal governments, but it doesn't immediately remove the law. 🤔 The majority opinion stated that certain sections of the Act were constitutional, while others, like the "designated projects" scheme, overstepped federal boundaries. 💬 The decision is expected to influence federal impact assessment legislation for decades, providing clarity on federal powers concerning environmental assessment. 🌱 Environmental protection and cooperation between governments remain essential in addressing climate change, even with this legal development. #Canada #SupremeCourt #ImpactAssessment #EnvironmentalProtection 🌎

The Supreme Court of Canada has ruled that the federal Impact Assessment Act and associated Physical Activities Regulations are unconstitutional in part. The court’s decision emphasizes the difficulty of allocating jurisdiction over environmental issues to different levels of government. Learn more in our recent bulletin: https://bit.ly/3u07iM4 #Environment #EnvironmentalLaw #BlakesMeansBusiness

🌍⚖️ The UK Supreme Court recently issued a significant judgment in the case of Finch v Surrey County Council & Others, changing how Environmental Impact Assessments (EIAs) are conducted for oil development projects. ➡️What happened? Sarah Finch, representing the Weald Action Group, challenged Surrey County Council’s decision to expand operations at the Horse Hill oil well (a site for oil extraction in Surrey, UK). The Supreme Court ruled that EIAs (evaluations of the potential environmental consequences of proposed projects) must consider the downstream greenhouse gas emissions from burning the oil produced, not just the emissions from construction. This broadens the scope of evaluating environmental impacts and sets a new precedent in planning law (rules for land use and development). ➡️Why is it important? This decision could significantly impact future fossil fuel projects in the UK by requiring a more comprehensive environmental assessment. It emphasizes the need for a broader evaluation of ecological impacts, reflecting the evolving nature of environmental law. This ruling underscores the importance of considering projects' full lifecycle environmental impacts, aligning with global efforts to tackle climate change. ➡️What is the link with green rights? EIAs are a cornerstone of procedural environmental rights in the UK, ensuring informed decision-making, transparency, and public participation. These assessments support green rights by promoting the precautionary principle, helping identify and mitigate environmental risks early. Learn more about it: https://lnkd.in/e2rYES-4 #EnvironmentalLaw #ClimateChange #EIA #Sustainability #OilAndGas #FossilFuels #GreenRights

🌿 Three key questions for the Welsh Government on environmental governance 🌿 Back in June, Welsh Cabinet Secretary for Climate Change and Rural Affairs Huw Irranca-Davies appeared before the Senedd’s Climate Change, Environment and Infrastructure Committee. This presented a timely opportunity for our unit to put forward some important questions to the Welsh Government on its proposed environmental governance body: 👤 How will the Welsh Government ensure independence of the governance body from the outset and long term? 📝 Which legal forum will the body use to enforce non-compliance with environmental law or to seek urgent judicial review? ⏲️ When will the Welsh Government publish its timetable for the transition between interim and permanent environmental governance arrangements? We explore these questions in detail in our briefing. We were pleased that the Committee asked the Cabinet Secretary about the transitional arrangements. Join the conversation on securing a sustainable future for Wales and read the full briefing here 👉 https://lnkd.in/dGhR-heE #LegislationandGovernanceUnit #EnvironmentalGovernance #Wales #ClimateAction #PolicyBriefing #Sustainability #EnvironmentalLaw #Biodiversity

This is fun. One tends to think that the set of public authorities subject to the EIR is greater than, and contains, the set of public authorities subject to FOIA, but, in fact, there is a set of public authorities who are subject to FOIA, but *not* subject to EIR. An example, here, is the Northern Ireland Assembly which is ousted from the EIR (by reg 3(3)) to the extent it is acting in a legislative capacity. But the other interesting point, which I’d not considered before, is that where a public authority is subject to FOIA but not EIR, it cannot rely on the exemption for environmental info under s39 FOIA, because that applies only if the public authority is obliged otherwise to make requested info available under the EIR. Therefore, in principle (ie subject to the application of other exemptions), some public authorities (albeit a small subset) have to deal with requests for environmental information under FOIA. https://lnkd.in/eFKy6we5

🌍 Join Us for "The Environmental Rule of Law: Future Directions" 🌍 🗓️ Date: Wednesday, August 28th, 2024   ⏰ Time: 9:00 AM - 5:00 PM   📍 Location: The World Bank, 1818 H Street, NW, Washington, DC Are you passionate about environmental law and its impact on our future? Don't miss this opportunity to engage with leading experts at "The Environmental Rule of Law: Future Directions." The event will delve into key issues highlighted in the UN Environment Program's (UNEP) 2023 global report on the Environmental Rule of Law (EROL). This report emphasizes the critical role of EROL in strengthening environmental protection through the rule of law, ensuring that laws are public, equally enforced, and consistent with human rights. The colloquium will bring together internationally recognized experts to discuss the future directions of EROL, fostering understanding, collaboration, and innovation in environmental governance. 🔗 For in-person attendance, please register here: https://lnkd.in/eg2EQUQZ 🔗 For remote attendance, please register here: https://lnkd.in/eWtVXbZi Let's work together to ensure a sustainable future for all! 🌱 #EnvironmentalLaw #Sustainability #WorldBank #FutureDirections #ClimateAction

Lawmakers Urge Supreme Court to Protect Constitution and Jobs from President's Environmental Policies #balanceofpower #CleanPowerPlan #climatechange #congressionalapproval #constitutionallimits #economy #executiveauthority #greenhousegasemissions #joblosses #KeystoneXLpipelinepermit #legislativeandexecutivebranches #ruralareas #SenatorJohnBarrasso #separationofpowers #supremecourt #WhiteHouseenvironmentalpolicies