Oilsands giant Syncrude loses court fight against rules on renewable diesel by Bob Webber, The Canadian Press, June 5, 2016, Calgary Herald
OTTAWA – Syncrude has lost its court battle against federal rules on renewable diesel in a case that some suggest could have handcuffed national efforts to fight climate change.
The oilsands company, of which Suncor owns the majority, had argued that it was unconstitutional for Ottawa to require that at least two per cent of diesel fuel be from renewable sources such as ethanol.
That demand interfered with provincial jurisdiction over resources by changing markets for non-renewables, Syncrude argued.
The company also argued the government was wrong to use criminal law to enact the regulations. “The production and consumption of petroleum fuels is not inherently dangerous,” it said.
[Little Reality check:
MAJOR EXPLOSION KILLED TWO at Nexen tarsands SAGD steam injection site near Fort McMurray
Fracking Injuries, deaths and dangers for workers and communities
Crossfield steer killed by Taqa North sour gas release
Workplace Deaths Drop – But not in the Oil Industry
Accident at Encana well in Colorado kills 1, injuries 3
1 dead in Bolivar well explosion
If industry’s abandoned bitumen sites kill wildlife, what’s it doing to groundwater and humans?
Craig man killed in explosion attempting to offload frac waste
Syncrude to pay $3M for duck deaths
Ducks Killed In Alberta Oilsands Tailings Ponds Will Result In No Charges Laid
The bird deaths came just days after Syncrude agreed to pay $3 million in penalties after 1,600 ducks died on one of its tailings ponds during a storm two years earlier. … Greenpeace campaigner Mike Hudema said the ducks wouldn’t have died if the oilsands facilities hadn’t been there. “These ducks didn’t die because of bad weather,” he said. “They died because their natural habitat has been replaced by toxic tailings lakes. Syncrude and Suncor should have to answer for the tragic costs of the toxics they create and release into the environment.”
Oil companies sued over man’s death allegedly tied to radioactive materials in drilling pipes
Hydrocarbon poisoning blamed for N.D. oil worker death
Federal judge rules against Encana’s efforts to avoid wrongful death lawsuit in tribal court
Encana sues top tribal judge to fend off Wyoming worker death suit
End Little (just a few examples) Reality Check]
A decision released last week from the Federal Court of Appeal found that fighting climate change is a legitimate federal goal.
“Protection of the environment is, unequivocally, a legitimate use of the criminal law purpose,” wrote Justice Donald Rennie.
Federal Court documents say Syncrude uses about 351 million litres of diesel in its operations. It produces about 204 million litres itself for the company’s own use.
The company argued the regulation, passed in 2011, will actually increase Syncrude’s greenhouse gas emissions by forcing it to transport biodiesel to its northern Alberta operations.
Rennie wrote that environmental protection is legitimate whether or not it affects markets under provincial jurisdiction.
“The environment and economy are intimately connected,” he wrote. “Indeed, it is practically impossible to disassociate the two.
“The existence of the economic incentives and government investments … do not detract from the dominant purpose of what the (rules) do and why they do it.”
The court also noted Syncrude’s admission that greenhouse gases contribute to climate change was inconsistent with its argument those gases couldn’t be regulated through criminal law.
“Syncrude’s position is problematic,” Rennie wrote.
Syncrude spokesman Will Gibson said the company is reviewing the decision.
“Syncrude has complied with the regulations since they were enacted and will continue to do so,” he said.
Greenpeace spokesman Keith Stewart said environmentalists are relieved.
“If (Syncrude) had won, it would have set back action on climate change for years,” he said. “That would have had huge impacts on everything else the federal government does.”
Stewart said the Syncrude decision should strengthen Ottawa’s hand in negotiating with the provinces over climate change and clears the decks for action.
‘”This would have been the last vestige of any argument as to why you would delay action,” he said. “The court has clearly said, ‘OK, government, you can do this.’
“The only thing left for the government to do is act on climate.” [Emphasis added]