Vancouver Sun

B.C. urges court to toss greenhouse gas lawsuit

- TIFFANY CRAWFORD ticrawford@postmedia.com

The B.C. government says a lawsuit over its greenhouse gas emission targets should be thrown out.

It argues that issues raised in the lawsuit, filed by Ecojustice last month on behalf of Sierra Club B.C., amount to a difference of opinion and are not matters that belong in the courts.

The government was formally responding to the lawsuit, which alleges the Environmen­t Ministry's plan failed to adequately address how the government intends to reach emission targets.

The government contends that Sierra Club's complaint is that plans are just not to “Sierra Club's liking,” particular­ly with respect to the oil and gas sector targets. It argues that's not a reasonable basis for a legal action.

The Climate Change Accountabi­lity Act requires the government to publish annual reports on how it plans to make progress toward its climate targets.

B.C.'s targets are for provincewi­de emissions to be at least 40 per cent less than 2007 levels by 2030, at least 60 per cent less by 2040, and 80 per cent less by 2050.

The Sierra Club alleges the 2021 accountabi­lity report falls woefully short by failing to include a plan for the 2025, 2040 and 2050 climate targets.

It says it also leaves out the government's plan to cut carbon pollution from the oil and gas sector, mainly from the province's natural gas industry.

While the report does not contain chapters dedicated to quantifyin­g progress to either the 2025, 2040 or 2050 targets, its supporting material is “replete with informatio­n” about how the various steps described in the report will achieve increasing reductions over time, the government argues in its response.

The government says the Act does not impose any standard of adequacy of the plans to achieve the targets and that the minister's obligation is to report on the government's plans to meet the emissions targets “in whatever state they happen to be.”

Alan Andrews, climate program director at Ecojustice, said to claim the report is replete with detail is “laughable.”

“That was a surprise and really calls into question why they introduced this Act, saying it's going to deliver transparen­cy and accountabi­lity, and now they are arguing that it's not enforceabl­e through the court. So how does that deliver accountabi­lity?” said Andrews.

“They have not come up with a plan for all their targets. And so when a government fails to comply with the law, we have a right to go to court to ask that that law be upheld.”

The government also argues Sierra Club waited more than five months to file its petition challengin­g the minister's report

When a government fails to comply with the law, we have a right to go to court to ask that that law be upheld.”

which caused unnecessar­y delays. Andrews said they were waiting for the final part of the report — the methodolog­y — before making any legal decisions.

The government calls Sierra's lawsuit “misguided,” and says it “cannot credibly argue” that there are no plans in the report to meet the various emission reduction targets establishe­d under the Act.

“I would challenge the minister to point out where in this report are the plans for the 2025, 2040, and 2050 targets,” said Andrews.

In a statement Wednesday, the Ministry of Environmen­t said B.C. has the strongest climate accountabi­lity measures in Canada, ensuring credibilit­y and transparen­cy.

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