We recently learned that in May 2018 a Notice of Application was filed by six landowners seeking to quash the Canadian Environmental Assessment Agency (CEAA)’s decision that the revised Environmental Impact Statement (EIS) conformed to the required guidelines set forth earlier by the CEAA.
Despite the application, we’ve been advised by Alberta Transportation that the regulatory process will proceed as planned and the court proceeding should not hold up any work in the interim. The matter is scheduled to be heard in Federal Court in November 2018.
This is the second court application from these six landowners challenging the CEAA’s process and decision making: Federal Court Hearing – Landowners seek review panel under CEAA.
The first application was not successful but did alter certain review processes to make them even more robust: Minister McKenna decides on agency review over public panel.
If the landowners are successful in their application, it would likely mean further delays for the Springbank project. Alberta Transportation may be required to submit more information, in addition to the 4000 pages already provided to CEAA, and the present operational start date of Spring 2022 would most certainly be jeopardized.
Since last summer, here is a quick recap on the EIS timeline thusfar:
- Shortly after the original EIS was submitted in fall 2017, the CEAA cited 24 areas where the EIS did not conform to the specific requirements outlined in their Guideline for the Preparation of an Environmental Impact Statement pursuant to the Canadian Environmental Assessment Act, 2012 for the Springbank Off-stream Reservoir Project.
- On March 28, 2018, Alberta Transportation submitted a revised EIS to the CEAA.
- The CEAA then had a maximum of 30 calendar days to complete a conformity review to ensure the revised submission adhered to the prescribed guidelines and that there were no further deficiencies.
- On April 30, 2018, the CEAA decided that the revised EIS conformed to the guidelines (i.e., all the information required had been provided).
- On May 28, 2018, the Notice of Application was filed by the six landowners in an effort to reverse the CEAA’s decision.
Regards,