Focus on Energy and Natural Resources Law - January 2010
Date:
January 27 2010
The Supreme Court of Canada’s recent decision, MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2, provides important guidance for natural resource developers and transporters whose projects may be subject to the federal environmental assessment process in the Canadian Environmental Assessment Act, S.C. 1992, c. 37 ("CEAA").
Red Chris Development Company ("Red Chris") and BCMetals Corporation applied to the B.C. Environmental Assessment Office for an environmental assessment certificate for the development of a copper and gold
open pit mining and milling operation in northwestern B.C. The provincial environmental assessment was completed and the certificate was issued. Approval was also required from the federal Department of Fisheries
and Oceans ("DFO"), which triggered the federal environmental assessment process under the CEAA.
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