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LEGAL REPORT: ENERGY AND ENVIRONMENT "[Streamlining] is usually a code word for eliminating important procedural or substantive requirements under assessment law, so if the B.C. folks are talking about streamlining I've got concern, if they are talking about better co-ordination then I'm all for that." — RICK LINDGREN, CANADIAN ENVIRONMENTAL LAW ASSOCIATION the responsible authorities cannot reduce the scope of a project, they can and should use whatever tools are avail- able to co-ordinate the review process. "For a project subject to a comprehen- sive study, the responsible authority can, and should, minimize duplication by using the co-ordination mecha- nisms provided for in the [Canadian Environmental Assessment Act]. In particular, federal and provincial governments can adopt mutually agreeable terms for co-ordinating environmental assessments," says the ruling. The decision goes on to say s. 21 of the CEAA was not followed because "the responsible authority was free to use any and all federal-provincial co- ordination tools available, but it was still required to comply with the provisions of the CEAA pertaining to comprehen- sive studies. By conducting a screening, the responsible authority acted without Read the MiningWatch Canada v. Canada (Fisheries and Oceans) decision at csc.lexum.umontreal. ca/en/2010/2010scc2/2010scc2.html statutory authority." MiningWatch lawyers immedi- ately trumpeted the decision as pre- serving public input in environmental reviews. "The Supreme Court has given Canadians back their voice, with it, the ability to influence major industrial development across the country," said Ecojustice Canada lawyer Lara Tessaro following the Jan. 21 decision. "This landmark decision confirms that the government can no longer shirk the environmental protection duties Parliament has assigned to it." A few weeks later, a call for a The Law of Climate Change in Canada An essential text for those developing expertise in climate change law This is the first and only resource to provide an in-depth description and analysis of the complex and ever expanding array of domestic and international laws and initiatives addressing climate change in Canada. Containing comprehensive coverage of provincial and federal legislation and policy developments from across Canada, The Law of Climate Change in Canada also describes in detail some of the many emerging climate change law sub-disciplines, including: • carbon finance • litigation ORDER your copy today Looseleaf & binder • $320 Releases invoiced separately (2/yr) P/C 0268030000 • ISSN 1920-695X • real property Stay on top of the latest legal developments and manage emerging issues • tax • securities law and disclosure For a 30-day, no-risk evaluation call: 1.800.565.6967 CL0410 40 ApRil 2010 www. C ANADiAN law ye rmag.com Mahony_Law of Climate Change (CL 1-2h).indd 1 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. 3/17/10 11:12:41 AM Editor: Dennis E. Mahony W ith contributions from a team of leading lawyers and academics from across Canada and the U.S.