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Coal case decision expected in four to six months

‘A good example of what a grassroots movement can do’
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Oral arguments for and against an application to strike Fraser Surrey Dock’s permit to build a new coal-export facility wrapped up last week in Federal Court.

But the court action launched by the Semiahmoo Peninsula-based Communities and Coal Society, Voters Taking Action on Climate Change, Christine Dujmovich and Paula Williams is not yet over.

“We didn’t 100 per cent conclude because there was so many issues at play,” Karen Campbell, one of the Ecojustice lawyers representing the applicants, said Wednesday.

Citing written arguments due today (Friday), Campbell said it could be another “week-and-a-half” before the hearing concludes.

In launching the court action, the applicants contended that the permit approval by Port Metro Vancouver “was tainted by a reasonable apprehension of bias.”

Campbell described the case as “an important and challenging” one.

“It could potentially be precedent-setting in terms of port practices,” she said. “But it’s also entirely possible that the remedy the court gives could be very, very narrow. Whether it would be precedent-setting or not, we think it would be a significant result.”

Health and safety were among concerns raised by the applicants.

The terminal would bring up to four million tonnes per year of U.S. thermal coal by rail through White Rock, South Surrey and Delta, adding one extra coal train per day.

It’s estimated it would result in nearly seven million tonnes of CO2 emissions into the atmosphere every year.

Williams, an Ocean Park resident and co-founder of Communities and Coal, was in court for the full three-day hearing and said Wednesday she felt the port had “some pretty strong arguments.”

“At the end of the day… hopefully, we have the stronger argument.”

She described the challenge as “a good example of what a grassroots movement can do.”

As of Wednesday, a GoFundMe page launched two years ago to raise $36,000 to ‘Take the Port 2 Court’ was just $700 short of its goal.

A decision on the court challenge could take four to six months.



Tracy Holmes

About the Author: Tracy Holmes

Tracy Holmes has been a reporter with Peace Arch News since 1997.
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