October 1, 2024

I was very fortunate to be sponsored by BoyneClarke LLP, the law firm that hired me for my articles, to work at East Coast Environmental Law for the summer.  As a summer research student at ECEL, I had the opportunity to research what legal and policy tools are available to Nova Scotia’s municipalities to steward wetlands. Working at ECEL this summer made me more hopeful for Nova Scotia’s climate future, as I began to learn about opportunities available to protect our climate and natural areas that were previously unknown to me. Before my placement, I was not aware of the impact that municipalities can have on wetland stewardship, climate change, and coastal protection. Likewise, I lacked an appreciation of the broad importance of wetlands (for example, their ability to sequester enormous amounts of carbon, prevent floods, buffer wildfires, filter our water, and support biodiversity and endangered species.)

My research contributed to the creation of public resources that are meant to provide accessible and relevant information about the laws that allow Nova Scotia’s municipalities to steward and conserve wetlands. The resources will include summaries of legal powers that municipalities have to create wetland by-laws and policies, how those powers interact with provincial powers, what role citizens can play in municipal wetland protection, and what protections are in place in various municipalities that limit wetland disturbance. The resources will provide information about how municipalities can use their zoning powers to restrict vegetation removal and development near certain wetlands, provide examples of by-laws currently in place in Nova Scotian municipalities, and highlight ways the public can advance stewardship of wetlands in municipalities. 

One takeaway from my placement is the importance of municipalities and municipal by-laws to steward wetlands, which can help us mitigate or adapt to climate change. For example, municipal councils have the power to develop and grow their community away from wetlands by establishing setbacks, restricting construction in areas of ecological significance or floodplains, and undertaking wetland inventorying and studies.

Through my research with ECEL, I also began to understand that municipal jurisdiction is subject to many limitations. The ability for provincial law to supersede municipal regulations and policies can sometimes hinder the ability of municipalities to grow and manage themselves in a way that promotes wetland stewardship. Likewise, the extent of a municipal power is not always clear. Since municipalities often have limited financial and legal resources, I hope that in the future, the provincial government will ensure that municipalities are empowered to enact strong laws for wetland stewardship.  

I would strongly encourage other law students to consider volunteer or work opportunities at ECEL because they offer great opportunities to learn about the law and the environment, contribute to protecting our environment, and engage with legal professionals, policymakers, and community organizations. Through my summer with ECEL, I gained a unique introduction to municipal environmental law, which is not something that I could have learned through my law school classes. Likewise, the process of continuously refining the public resources I was working on under the guidance of experienced lawyers allowed me to gain an understanding of what is required to bridge the gap between the law and the public’s understanding of the law. I look forward to using what I learned this summer in my future as a lawyer and hopefully getting the chance to continue to help with ECEL’s environmental initiatives.

Luke McGowan

JD Student, Schulich School of Law, Dalhousie University

Luke’s work with us was funded through the BoyneClarke LLP Summer Student program, for which we are very grateful.