East Coast Environmental Law

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Industrial Cape Breton Community Alliance Group on the Sable Gas Project v. Sable Offshore Energy Project, 2000 CanLII 16338 (FC)

This case was heard in the Federal Court of Canada.

A Joint Public Review Panel that had been established to review the environmental and socioeconomic effects of projects that had been proposed by Sable Gas determined that socioeconomic analyses were beyond its jurisdiction, and without conducting socioeconomic analyses it recommended that the proposed projects be approved.

The Industrial Cape Breton Community Alliance Group on the Sable Gas Project filed an application for judicial review of the panel’s decision. The Court determined that the issue of the Panel’s jurisdiction was a question of law that should be assessed on the standard of correctness, and it determined further that decisions made within the scope of the Panel’s jurisdiction should be assessed on the standard of reasonableness.

After considering the issues, the Court held that the Panel had not erred in law in determining that socioeconomic analyses were beyond its jurisdiction, and the Court also held that the Panel’s decision to recommend approval was reasonable. The Court therefore dismissed the application for judicial review.

To read about another decision related to this case, go to Industrial Cape Breton Community Alliance Group on the Sable Gas Project v. Sable Offshore Energy Project, 1998 CanLII 8449 (FC).

View the Decision on CanLII: https://www.canlii.org/en/ca/fct/doc/2000/2000canlii16338/2000canlii16338.html

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