Federal Court of Appeal Kills Sumas 2 Appeal

News Release
Sierra Legal Defense Fund
November 09, 2005

VANCOUVER - In a startling end to a long running dispute, the Federal Court of Appeal today dismissed Sumas Energy 2's challenge to the National Energy Board's March 2004 decision. The original ruling denied SE2 permission to build an international power line connecting its Washington State power plant to BC Hydro's power grid near Abbotsford.

After two full days of argument, the Court took the rare step of issuing a decision on the appeal immediately, finding that SE2's appeal has no merit and should be dismissed. It also ordered SE2 to pay the costs of the parties that have opposed its appeal.

"This is a huge, huge victory for opponents of SE2" said Sierra Legal Defence Fund lawyer Tim Howard. "It is extremely rare for the Court to dismiss an appeal right at the hearing, and the Court's decision to do so states loud and clear that SE2's appeal has no merit whatsoever."

Sierra Legal worked with Thomas Berger, Q.C. who spoke on behalf of the Society Promoting Environmental Conservation and the David Suzuki Foundation at the Federal Court of Appeal hearing. SE2 had argued that the NEB decision was not valid and that the Board overstepped its jurisdiction by making a decision involving a foreign company. The American Company unsuccessfully tried to use NAFTA to justify going ahead with the power project.

"This is good news for Abbotsford and everyone living near the U.S. border. It sets an important precedent for U.S. power companies looking to set up shop on the border, where their emissions will pollute Canadian airsheds, so that they don't have to deal with strict state laws governing domestic air pollution," said SPEC Executive Director Karen Wristen. "Our national regulators have a duty to protect the health of Canadians too, and the Court has confirmed it today.

Morag Carter, climate change program director for the David Suzuki Foundation added, "This is a huge victory for British Columbians. The judge's decision sends a clear message that air pollution and public health should be major considerations when it comes to energy supply. It bolsters the case for clean, renewable energy and a new focus on conservation and efficiency."

While the Court issued the decision denying the appeal today, it will still write detailed reasons to support that decision for release at a later date. SE2 could apply to the Supreme Court of Canada for permission to bring a further appeal. Background on the Sumas 2 hearings can be found online at www.sierralegal.org.

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For more information, please contact:
Sierra Legal Defence Fund:
Tim Howard, lawyer
Cell: (604) 313-3132, (604) 681-4146

David Suzuki Foundation:
Morag Carter
Climate change program director
(604) 732-4228 ext. 280, cell: (778) 386-1448

SPEC:
Karen Wristen
Executive Director
(604) 736-7732, cell: (604) 788-5634

Sierra Legal Defence Fund (www.sierralegal.org) is a national non-profit organization dedicated to environmental justice.