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B.C. Supreme Court hands down precedent-setting ruling on climate accountability case brought by environmental groups

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FOR IMMEDIATE RELEASE

January 17, 2023

VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH) AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES – Today, the B.C. Supreme Court ruled on a landmark 2022 climate case brought by Ecojustice on behalf of Sierra Club BC. In the case, Sierra Club BC alleged that the B.C. government failed to adequately report on its progress to reach its climate targets, as required by the province’s climate law.  

In a first-of-its-kind victory for climate accountability in Canada, the court ruled that the reporting requirements of B.C.’s climate law, including the provision to report on plans to reach climate targets, are enforceable by the court. This sets an important legal precedent not only for B.C., but also across Canada, as it means that climate change accountability legislation can be interpreted and enforced by courts when governments fail to meet reporting requirements. 

The Court also agreed that B.C.’s progress to date on meeting its climate targets has been “disappointing” and that the province has a “consistent history of missing its targets”. However, this court found that the legislation does not require the government to tell the people of B.C. whether it is on track to achieve our climate targets. Sierra Club BC has 30 days to decide whether to appeal this decision and will continue to strongly advocate for true climate accountability in British Columbia.  

The Court’s ruling today puts the B.C. government and others across Canada on notice that legal commitments to act big on climate must be followed by real and meaningful action.  

Alan Andrews, Climate Program Director at Ecojustice said: 

“Today’s decision doesn’t change the fact that B.C. is not on track to meet its 2025 and 2030 climate targets and has several gaping holes in its climate plan. This law was supposed to put an end to the province’s dismal track record of missed targets by requiring the government to tell British Columbians if B.C. is on track so that the public can hold them to account. This is an opportunity for Premier David Eby to show real leadership by urgently coming forward with a credible plan that gets B.C on track to meeting its climate targets – the urgency of the climate crisis demands it, even if the courts don’t.” 

Jens Wieting, Senior Forest and Climate Campaigner and Science Advisor at Sierra Club BC said: 

“Today’s ruling contains good news, bad news and an inconvenient truth. The good news is that the court agreed with us that people in B.C. have a right to hold their government accountable to follow its climate law. The bad news is that the Court finds the B.C. government’s reporting to be sufficient to meet the law’s requirements, even though that reporting does not tell us whether B.C. is actually on track to meet all of its climate targets. The inconvenient truth is that without greater transparency and stronger action plans, people in B.C. cannot trust that this province will meet its climate targets and prevent even more catastrophic climate impacts.” 

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Background

About:

Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.

Sierra Club BC is an environmental non-profit working to support people stewarding abundant ecosystems and a stable climate, while building resilient, equitable communities. The organization strives to do this by upholding Indigenous rights and title, reconnecting children and youth with nature, supporting grassroots-led climate action, and advocating for old-growth protection.

 

Media contacts:

Eric Wright, Communications Manager | Ecojustice
ewright@ecojustice.ca.

Jens Wieting, Senior Forest and Climate Campaigner | Sierra Club BC
jens@sierraclub.bc.ca

Latest B.C. climate accountability report shows the province is set to miss key climate targets in 2025 and 2030

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The report is also missing information about how the province plans to meet its longer-term targets, as well as those tied to emissions in the oil & gas sector

FOR IMMEDIATE RELEASE

November 28, 2022

VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH) AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES – On Wednesday Nov. 23, the B.C. government released its 2022 climate change accountability report, revealing that the province is on course to miss two near-term climate targets in 2025 and 2030. The government projects that B.C. will miss its 2025 overall emissions target by 15 percent and its 2030 target in the building and communities sector by at least 35 percent. 

In a time of climate crisis, when people in British Columbia are facing unprecedented and deadly heat waves, floods, and droughts, it is unacceptable that the government has failed to plan to meet its near-term climate targets. This failure will worsen the climate crisis and put people in B.C. at risk.  

The 2022 report also contains major information gaps. It fails to explain how the province intends to achieve its longer-term climate targets due in 2040 and 2050. And, when it comes to a crucial target in the oil & gas sector due in 2030, the government continues to rely on a “plan to make a plan” —  that is, policies that have not been articulated and do not yet exist.  

The report also fails to explain the major role of fracking in undermining B.C.’s climate action. LNG Canada, a fracked gas export facility in Kitimat, B.C., is expected to start operations in 2025, leading to millions more tonnes of carbon pollution in that target year and for decades to come. Worse, plans to expand the facility (already approved by B.C.) would make it virtually impossible for B.C. to meet its longer-term targets and commitment to reach net zero by 2050. B.C. simply cannot square its promotion of fracked gas and LNG projects with its climate targets. 

These reports have been a sore spot for the government. In March 2022, Sierra Club BC and Ecojustice launched a lawsuit alleging that the government’s 2021 report failed to include plans to make progress towards B.C.’s 2025, 2040, and 2050 climate targets as well as the critical 2030 target for the oil & gas sector. A decision by the court is expected soon. 

New premier David Eby has an opportunity to reset B.C.’s approach to climate action and accountability. By acting immediately, Eby can ensure B.C. meets all its climate targets. It is critical that B.C. ban new LNG facilities and commit to phasing out fracked gas in line with climate science.

As we wait for a court decision on whether B.C. is complying with its own climate law, Ecojustice and Sierra Club BC will continue to hold the government to account for getting on track towards its climate targets and staying there in the years to come. 

Jens Wieting, Senior Forest and Climate Campaigner and Science Advisor at Sierra Club BC said:

“The 2022 report shines some light on the steps that will lead to reducing emissions in several sectors. But it leaves us in the dark about major gaps and threats on the uncharted path to our 2025 to 2050 targets. A path that will lead us into climate chaos if big polluters like B.C. continue to fail. The biggest elephant in the room is new fracking infrastructure like LNG Canada and the Coastal GasLink Pipeline. Unless stopped, these projects will make it impossible to meet our targets. Ignoring the threat of new LNG projects in these reports won’t make it go away.” 

Alan Andrews, Climate Program Director at Ecojustice said:

“This law was meant to deliver a new era of transparency and accountability on climate action. But it took being dragged to court for the Government to admit that they are on course to miss their next climate target.” 

“In the middle of a climate emergency, we can’t afford any more missed targets. David Eby must act immediately to get B.C. back on track and show real climate leadership.” 

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About:

Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.

Sierra Club BC is an environmental non-profit working to support people stewarding abundant ecosystems and a stable climate, while building resilient, equitable communities. The organization strives to do this by upholding Indigenous rights and title, reconnecting children and youth with nature, supporting grassroots-led climate action, and advocating for old-growth protection.

 

Media contacts:

Eric Wright, Communications Manager | Ecojustice
604-685-5618 ext. 525, ewright@ecojustice.ca.

Jens Wieting, Senior Forest and Climate Campaigner | Sierra Club BC
jens@sierraclub.bc.ca, (604) 354-5312

Sierra Club BC and Ecojustice in court to call for accountability on climate plans from the B.C. government

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Members of the public will rally in support of the case on the Vancouver law courts steps prior to the hearing

FOR IMMEDIATE RELEASE

October 4, 2022

VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH) AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES –  Sierra Club BC, represented by Ecojustice lawyers, is before the B.C. Supreme Court today, suing the B.C. government for failing to report on whether its climate plans will achieve several of the province’s key greenhouse gas emissions targets.

The province’s 2019 Climate Change Accountability Act requires the B.C. government to publish an annual accountability report that describes plans for continuing progress toward B.C.’s emissions targets. Sierra Club BC is arguing that this requires the government to be fully transparent and report without gaps about how far these plans will move B.C. towards reaching each of its emissions targets. If the plans only get us part of the way there, B.C.’s accountability report has to be clear in telling us that.

This information is critical for the public to hold the government accountable to develop climate plans that are adequate to meet all of the emissions targets it has set in law.

Under its climate accountability legislation, B.C. has province-wide emissions targets for 2025, 2030, 2040, and 2050 and targets in 2030 for four sectors of the economy: oil and gas, industry, transportation, and buildings and communities.

B.C.’s 2021 Climate Change Accountability Report failed to explain how far the government’s plans will move the province toward achieving its 2025, 2040 and 2050 targets, as well as the crucial oil and gas sector target in 2030.

The B.C. government is not complying with its own climate accountability legislation at a time when the province’s emissions are too high, and the climate emergency is having an increasingly direct and damaging impact on the lives of people in B.C. Recently, people living in B.C. have been battered by extreme weather events tied to climate change, with 2021 being particularly devastating.

In June 2021, a deadly “heat dome” led to a devastating wildfire that destroyed much of the community of Lytton and caused approximately 600 heat-related deaths across B.C. In November 2021, record-breaking rainfall and flooding destroyed critical infrastructure and threatened thousands of people’s livelihoods in the Fraser Valley.

The Climate Change Accountability Act was meant to improve transparency and accountability, but the government has failed to explain if the province is on track to meet most of its emissions targets. Without this information, the public will not know if B.C. is blowing past its emissions targets until it is too late.

Alan Andrews, Ecojustice climate program director, said:

“B.C. was a leader in setting emissions targets in law, but what’s the use of having these targets if we don’t know if B.C’s plans will actually achieve them?

“The public has the right to expect their government to follow the letter of the laws that they author. And if they don’t, they should expect the public to take them to court.”

Jens Wieting, Sierra Club BC senior forest and climate campaigner, said:

“Relentless, escalating climate disasters around the world are reminding us every day about the deadly consequences of missing our emissions targets. We need nothing short of full transparency to understand whether provincial climate plans are fit for the task at hand or not.

A collective last-ditch effort to stabilize our climate requires solid emission reduction pathways for every target and every sector on the path to 2050, as called for in provincial law. Leadership on climate requires acknowledging and tackling any gaps in our plans without further delay.”

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Background

  • Like Canada, British Columbia has failed to meet emissions targets for over a decade. B.C.’s emissions have increased 15 per cent since 1990 (the first year for which BC has emissions data) and B.C.’s 2020 emissions are only one per cent below 2007 levels, the baseline year chosen by the province for its targets.
  • The provincial Climate Change Accountability Act establishes several GHG emissions targets for B.C. out to 2050. The province-wide targets require emissions reductions of at least 16 per cent by 2025, 40 per cent by 2030, 60 per cent by 2040, and 80 per cent by 2050 (below 2007 levels). The oil and gas target requires a 33-38 per cent reduction by 2030 (below 2007 levels).
  • Under this law, the B.C. Minister of Environment and Climate Change Strategy is required to publish an annual Climate Change Accountability Report, describing B.C.’s progress on reducing GHG emissions. The Report must include “plans to continue progress towards achieving” each of B.C.’s legislated emissions targets.
  • The 2021 Accountability Report fails to explain how far B.C.’s climate plans – CleanBC and the Roadmap to 2030 – will move B.C. towards achieving four of its targets: the 2025, 2040, and 2050 targets and the 2030 target for the oil and gas sector. The Report provides this information for the 2030 target, showing that the province can provide such information.
  • Despite the climate emergency, the B.C. government continues to support and subsidize the expansion of large fossil fuel projects – e.g. fracking operations in northeastern B.C. and the construction of the LNG Canada terminal in Kitimat. This project will drastically increase emissions when it starts operations in 2025, the same year B.C. emissions are supposed to be 16 percent lower than in 2007. LNG Canada and other proposed LNG terminals would almost certainly make it impossible to meet B.C.’s 2030, 2040 and 2050 targets.

About:

Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.

Sierra Club BC is an environmental non-profit working to support people stewarding abundant ecosystems and a stable climate, while building resilient, equitable communities. The organization strives to do this by upholding Indigenous rights and title, reconnecting children and youth with nature, supporting grassroots-led climate action, and advocating for old-growth protection.

 

Media contacts:

Eric Wright, Communications Manager | Ecojustice
604-685-5618 ext. 525, ewright@ecojustice.ca.

Jens Wieting, Senior Forest and Climate Campaigner | Sierra Club BC
jens@sierraclub.bc.ca, (604) 354-5312

Provincial response shows the importance of the courts in ensuring climate accountability

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Sierra Club BC offers the following statement following the B.C. government’s response to SCBC’s legal challenge over its climate plan.

May 4, 2022

The B.C. government has responded to Sierra Club BC’s climate accountability lawsuit we filed with the help of charity law firm Ecojustice. Sadly, instead of accepting responsibility and beginning the urgent work to address the blind spots we have identified, the province is alleging that we are going to court just to get the plans we want. The reality, however, is that several plans for key climate targets laid out in B.C.’s 2019 law simply don’t exist in the province’s 2021 accountability report.

We’re holding them to account in accordance with the letter of the law, as it’s written. There is no doubt from our perspective that B.C.’s climate accountability legislation requires the government to publish plans to make progress towards all of B.C.’s climate targets, but they have failed to produce these plans for 2025, 2040 and 2050. Also non-existent is the crucial plan for the oil and gas industry that shows how B.C. can possibly meet its ambitious 2030 target for this sector, while at the same time continuing to support and subsidize new LNG terminals and more fracking (for more background see our March 31 media release here).

The B.C. government argues that the public cannot hold them accountable in the courts if they fail to meet the requirements of their climate accountability law. But laws written by governments in Canada are routinely subject to public scrutiny in the courts. It’s a cornerstone of our democracy and the rule of law that the public should access the judicial system to demand fairness, transparency, and accountability. Why would B.C.’s climate legislation not be subject to scrutiny by the public through the courts? The disappointing response from the province shows the importance of the courts in ensuring climate accountability.

The latest IPCC reports showed unequivocally that time is running out to avert the worst impacts of the climate crisis, that further global warming can only be stopped once we have achieved net zero emissions, and pollution must be cut as quickly as possible. We are calling on the B.C. government to come forward with a plan for every target and every sector of the economy, including oil and gas.

We are in a climate emergency and it’s not too late for the B.C. government to deliver on their promise and address the crucial blind spots. Stay tuned as we continue to report updates on the progress of this lawsuit.

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For more information on why Sierra Club BC and Ecojustice are going to court over blind spots in B.C.’s climate plans go to our joint March 2022 media release:
https://sierraclub.bc.ca/environmental-groups-sue-b-c-government-over-missing-in-action-climate-plans/

Read more about the provincial response in this article: https://www.vancouverisawesome.com/highlights/bcs-climate-laws-should-not-be-overseen-by-courts-claim-court-documents-5322790

IPCC media release: https://www.ipcc.ch/report/ar6/wg3/ 

 

Media contact:

Jens Wieting, Senior Forest and Climate Campaigner/Science Advisor, Sierra Club BC
604-354 5312, jens@sierraclub.bc.ca

SCBC campaigner available for comment on IPCC report and blind spots in BC’s climate action plans

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April 4, 2022

Sierra Club BC’s Senior Forest and Climate Campaigner and Science Advisor Jens Wieting is available to comment on key findings of today’s Intergovernmental Panel on Climate Change (IPCC) report and why Sierra Club BC and Ecojustice are taking the B.C. government to court over missing action plans for several critical targets required by law in B.C.’s climate accountability report.

The third part of the 6th IPCC assessment report is of particular importance because it offers more detail on what actions all parts of the world, particularly the richest countries and biggest polluters, have to take to address the climate crisis, with a particular focus on reductions needed by 2030.

UN Secretary-General António Guterres said about the report “The jury has reached a verdict. And it is damning. This report of the Intergovernmental Panel on Climate Change is a litany of broken climate promises. It is a file of shame, cataloguing the empty pledges that put us firmly on track towards an unlivable world. We are on a fast track to climate disaster.”

Key findings include that global emissions must peak before 2025 and be reduced by 43 percent by 2030 if we are to have a chance of keeping warming below 1.5 degrees, the threshold considered crucial to maintaining a livable climate.

Canada is among the top ten polluters and like Canada, B.C. has failed to meet emission reduction targets for over a decade. The province’s emissions have increased every year during the last five years data is available for (2015-2019) and have remained higher than 2007 levels, B.C.’s baseline year.

The B.C. government claims to have a “continent leading CleanBC plan” but it continues to support and subsidize the expansion of fracking wells and new LNG terminals. Once built, the full emissions enabled by the LNG Canada terminal in Kitimat alone would make it nearly impossible to meet B.C. targets.

Several Canadian provinces (New Brunswick, Newfoundland, Nova Scotia and Quebec) and U.S. states (Vermont, New York state, Maryland and Washington) have banned fracking. New research released by the International Institute for Sustainable Development (IISD) in March showed that rich countries like Canada must end oil and gas production by 2034 to keep the world on track for 1.5°C (the new IPCC report only considered findings available by last October.

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IPCC media release: https://www.ipcc.ch/report/ar6/wg3/ 

For more information on why Sierra Club BC and Ecojustice are going to court over blind spots in B.C.’s climate plans last week go to our joint media release: https://sierraclub.bc.ca/environmental-groups-sue-b-c-government-over-missing-in-action-climate-plans/

 

Media contact:

Jens Wieting, Senior Forest and Climate Campaigner/Science Advisor, Sierra Club BC
604-354 5312, jens@sierraclub.bc.ca

Environmental groups sue B.C. government over ‘missing in action’ climate plans

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Groups say B.C. government has failed to present plans to cut carbon pollution from the oil and gas sector or meet climate targets for 2025, 2040, and 2050.

FOR IMMEDIATE RELEASE

March 31, 2022

VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH) AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES — Sierra Club BC, represented by environmental law charity Ecojustice, is suing the B.C. government for failing to present plans to achieve several key climate targets, as required by its own climate change legislation.

“Climate change is destroying lives and livelihoods in British Columbia now. After years of missed targets and broken promises, this law was meant to herald a new era of transparency and accountability in climate action. Instead, the government has failed to show us how it will meet its climate targets and broken its own laws in the process. When you fail to plan, you plan to fail; the people of British Columbia won’t tolerate any more climate failures,” said Alan Andrews, Climate Program Director at Ecojustice.

The Climate Change Accountability Act requires the government to publish annual reports on how it plans to make progress towards all its climate targets. The 2021 report falls woefully short, by failing to include a plan for the 2025, 2040 and 2050 climate targets. It also omits the government’s plan to cut carbon pollution from the oil and gas sector, which could rapidly grow in coming years – fueled largely by the B.C. government’s support for fracked gas.

“Accountability means accepting responsibility for one’s actions. The climate emergency leaves no room for error. After decades of failure, our window to take action to combat the climate crisis is rapidly closing. B.C.’s climate targets build on each other and achieving them depends on each sector meeting its target,” said Jens Wieting, Senior Forest and Climate Campaigner and Science Advisor at Sierra Club BC. “Without specific and detailed plans, the people of this province cannot trust that their government is serious about doing its part to combat the climate emergency.”

This failure undermines the B.C. government’s climate leadership credentials, falls foul of its legal commitments to transparency and accountability on climate action, and risks locking the province into a high carbon future.

“The public has a right to know if their government has a real plan to tackle the climate crisis”. Through this litigation, we intend to find out,” said Andrews.

 

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Background

The latest report from the Intergovernmental Panel on Climate Change (IPCC) released in February showed that close to half of the world’s population is already exposed to increasingly dangerous climate impacts and that any further delay in concerted global action will miss a brief and rapidly closing window to secure a livable future.

Canada is among the top ten global polluters and like Canada, British Columbia has failed to meet emission reduction targets for over a decade. B.C.’s emissions have increased every year during the last five years data is available for (2015-2019) and remain higher than in 2007, the baseline year chosen by the province.

The provincial Climate Change Accountability Act, 2019 establishes several GHG pollution reduction targets for B.C. over the next 28 years. Under this law, the B.C. Minister of Environment and Climate Change is required to publish an annual Accountability Report, describing B.C.’s progress on reducing GHG pollution. The Report must include plans for how the province will continue to pursue each of its targets.

The 2021 Accountability Report fails to explain how B.C. will continue progress towards achieving four of its legislated targets; the 2025, 2040, and 2050 targets as well as a crucial 2030 target for the oil and gas sector. Achieving net zero by 2050 requires meeting every target on the path between 2025 and 2050, for every sector of BC’s economy. If one target is missed, this could lead to other targets being missed in the future.

This Act was introduced specifically to increase the “frequency and specificity of the information required to be reported” to lawmakers and the public.

Plans to meet all of BC’s climate targets are crucial in ensuring that B.C. can transition to a low-carbon economy over the next 28 years. Achieving the 2025 target would lay the groundwork for the government to hit their longer-term targets for 2030, 2040 and 2050. A plan to meet the oil and gas sector target is crucial to ensure that one of the most polluting sectors of the economy does its fair share towards meeting provincial targets, instead of undermining them by increasing fossil fuel production.

Despite the climate emergency, the B.C. government continues to support and subsidize the expansion of fracking operations and construction of the LNG Canada terminal in Kitimat. Unless stopped, this project will drastically increase emissions in 2025, the same year B.C. emissions are supposed to be 16 percent lower than in 2007. LNG Canada and other proposed LNG terminals would almost certainly make it impossible to meet 2030, 2040 and 2050 targets.

 

About

Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.

Sierra Club BC is an environmental non-profit working to support people stewarding abundant ecosystems and a stable climate, while building resilient, equitable communities. The organization strives to do this by upholding Indigenous rights and title, reconnecting children and youth with nature, supporting grassroots-led climate action, and advocating for old-growth protection, a rapid shift away from fossil fuels and a just transition for industry workers.

 

Media contacts:

Eric Wright, Communications Manager | Ecojustice
604-685-5618 ext. 525, ewright@ecojustice.ca.

Jens Wieting, Senior Forest and Climate Campaigner | Sierra Club BC
jens@sierraclub.bc.ca, (604) 354-5312

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