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Imperial Oil Resources Ventures Limited v. Canada.

País/Territorio
Canadá
Tipo de la corte
Nacional - corte superior
Fecha
May 14, 2008
Fuente
UNEP, InforMEA
Nombre del tribunal
Federal Court
Sede de la corte
Ottawa
Juez
Campbell.
Número de referencia
2008 FC 598
Idioma
Inglés
Materia
Tierra y suelos, Energía, Desechos y sustancias peligrosas
Palabra clave
Cambio climático Gas natural Emisiones
Resumen
The Federal Court determined that the authorization previously granted to the Kearl Oil Sands Project under subsection35(2) of the federal Fisheries Act is a nullity. The Court decision to nullify the 35(2) authorization was based on the fact that an earlier Court decision of March 5, 2008 found that the report of the Kearl Joint Review Panel was incomplete due to the lack of a rationale on greenhouse gas emissions. The Joint Review Panel has reconvened and issued this rationale on May 6, 2008, and has submitted it to the federal government. This rationale satisfies the direction given by the Court in its March 5, 2008 judgment. Noting the regulatory approval stages set out in the Canadian Environmental Assessment Act, Justice Douglas Campbell held the Minister’s authorization was issued before the requisite environmental assessment approval of the Kearl project. Accordingly, the Judge held the Minister’s authorization was issued without jurisdiction and was thus a nullity.
Texto completo
COU-156955.pdf