Alberta resident suing Syncrude over dead ducks

CAROLINE ALPHONSO
Globe and Mail
January 7, 2009

An Alberta resident is suing one of the country's largest oil-sands' operators, alleging that it was responsible for killing 500 ducks at its northern Alberta facility last spring.

Jeh Custer, a member of the Sierra Club Canada, filed the lawsuit Wednesday in Edmonton against Syncrude Canada Ltd. He said that if legal action wasn't taken, such practices by oil companies would continue without consequences.

“We are bringing this forward because this incident of 500 ducks dying ... is further evidence that pollution from tar sands extraction is making the environment too toxic for birds, in this case migratory waterfowl, and people,” Mr. Custer said in an interview. “The regrettable failure of the Alberta and federal governments to enforce their own environmental laws means that ordinary Canadians must act.”

In April, about 500 birds died after landing on a snow-covered tailings pond at Syncrude's plant in northern Alberta. Images of the ducks that had sunk to their deaths in the toxic byproduct of Syncrude's oil-sands operation spread around the world. Environmental groups used the incident to illustrate the perceived hazards resulting from oil sands development.

The pond usually has noise-making cannons that keep away migrating waterfowl. But the devices hadn't been deployed because of a late winter storm, allowing the ducks to land.

Environment Canada has yet to conclude its investigation. And the Alberta government launched its own probe under the provincial Environmental Protection and Enhancement Act. The province requires the company to have a waterfowl protection plan at its tailings ponds. If convicted, fines can reach up to $1-million.

Environmental groups said that nine months later, governments have failed to act.

“If we are able to put together our own prosecution in two months on a shoestring budget, why are the feds and the province still sitting on their hands?” Mr. Custer asked.

The lawsuit against Syncrude is under the Federal Migratory Birds Convention Act, which prohibits harmful substances from being deposited in an frequented by migratory birds.

The lawsuit is launched by Ecojustice, formerly Sierra Legal Defence Fund, on behalf of Mr. Custer. It is also supported by Sierra Club Canada and Forest Ethics.