Archive for April, 2009
Twice last week, the Federal Court of Canada told the Harper government to do its job.
First it was the repatriation of Omar Khadr. Then it ordered the Federal government to include in the National Pollutant Release Inventory (NPRI) the publication of all mining pollution data, going back to 2006.
The NPRI details all the industrial and commercial pollutants released into the air, water and land in Canada.
Since 2006, mining companies are required to report all pollutants released during their activities. But in interpreting CEPA, Environment Canada saw an exemption for pollutants present in the tailings and waste rock produced during ore extraction. Never mind that the substances (mercury, sulphuric acid and arsenic) normally associated with those activities are deemed toxic under CEPA.
The Court ruled that the federal government had “erred” in this interpretation, writing that “it is clearly unsatisfactory that such an important part of the pollution picture in Canada is not being reported to the public under CEPA.”
The lawsuit was launched in 2007 on behalf of MiningWatch Canada and Great Lakes United by Ecojustice (formerly Sierra Legal Defence Fund). The groups alleged that the Minister of Environment was breaking the law by failing to collect and report mining industry pollution information under the NPRI.
Ecojustice has this interesting bit of information:
“In stark contrast, since 1998, the U.S. government has required mining companies to report all pollutants under the American equivalent of the NPRI, the Toxics Release Inventory (TRI). In 2005, the 72 mines reporting to the TRI released more than 500 million kilograms of mine tailings and waste rock – accounting for 27% of all U.S. pollutants reported. With yesterday’s court decision, pollution data from Canada’s 80 metal mining facilities will now similarly have to be reported under the NPRI.”
Environment Minister Jim Prentice has said the government will comply with the court’s ruling.
Like them or hate them, it is the crazy people that push society forward. Challenging us, threatening us and pushing us to change. Greeenpeace is just such a group, great video below.
Technorati Profile
When it comes to canadian environmental laws, you have a few options.
First, you can consult government websites – they have the laws and some guidance. To simply gain access to legislation and standards, the people at Eco-Log and CCOHS offer good service at reasonable prices. To simply receive environmental law updates, you can subscribe to CERCN and Environmental Compliance Insider or various law firms’ newsletters.
For management tools for your legal register, you can handle it in excel or outsource it to a consulting firm.
Lastly, for explanations of existing laws, there are books by lawyers and publishing houses that deal with the big issues in the large jurisdictions.
However, the only service that offers all the above mentioned features (and much more) is Nimonik. On cost, we are competitive. I could break down the costs, but it becomes tricky as the formats differ (some services charge per province, others per user and others by topic); we try to keep it simple: monthly fees per province, federal information free and unlimited users – that’s it.
While the services mentioned above offer high-quality information, none have the dynamic functionality of Nimonik. Notably, with Nimonik you can create a legal register in a fraction of the time it normally takes – by relying on our topics on common environmental concerns. We then maintain that register for you, satisfying ISO 14001 4.3.2 Legal and Other Requirements. You can host permits with us, consult our centralized calendar and share best practices. I think Nimonik is the way to go, but then again, I may be a bit biased.
Yesterday, an excellent PBS Frontline documentary on the environmental degradation of The Chesapeake Bay and Potomac River was aired. The show outlines some of the current problems, but also traces the interesting evolution of the environmental mouvement back in the 1960s, which culminated in the the first Earth Day in 1970. During the 60s, a series of environmental disasters spurred the american government into action. Under Nixon, some progress was made, but the administration was not particularly interested in the environment. Nixon even called the E.P.A., “Eppa”. Times, they are a changing.
The documentary clearly states that the driver for clean-up is enforcement. Without it, people do not act. Reagan, under the mantra of de-regulation, gutted the EPA. Enforcement was handcuffed, regulations removed. The Reagan administration tried to do something different for Chesapeake Bay – a voluntary program. As you might expect, improvements were very slow to come.
The main culprit for pollution to the bay is agriculture, notably chicken production. I emphasize production, because it is not farming. Chickens are grown for consumption in the millions. Over the past 30 years, american per capita chicken consumption has tripled. You can have half a million chickens in a given farm and all that manure neads to be dealt with. One farm, produces 570 million chickens that in turn generate 1.5 billion pounds of manure a year – more than combined the human waste from New York, Atlanta, Chicago and San Francisco.
Currently, animal waste, manure, does not need to be treated before being re-introduced into the waterway. They tried to pass regulations, but the industry lobbied to make the requirements voluntary. As mentioned above you can imagine how that has worked out.
On this earth day, one small act we can all do is to eat less chicken.
P.S. The other half of the documentary is on urban development and stormwater run-off – the other half of the problems in the Chesapeake Bay and Potomok River.
In an attempt to ‘stimulate’ the economy, the feds may have stirred the pot a little too much. Their removal of environmental assessment on infrastructure projects tied to stimulus has raised some questions. Though removing EA requirements will certainly speed up some projects, it will likely be taken advantage of by companies planning to build otherwise questionable projects.
Not much more to contribute to this idea, but see the article here for more information. The money quote from Environmental Defence: “These changes to the law are like cutting the brake line to make a car go faster.”
