British Columbia's Environmental Appeal Board has overturned a water licence granted to a company for shale gas fracking in northeastern British Columbia, ruling the licence was based on bad science and bad faith.
The long term water licence granted in 2012 allowed Nexen Inc. to pump 1.4 million cubic metres of water a year from Tsea Lake and Tsea River, located about 100 kilometres northeast of Fort Nelson. The Tsea River watershed is within the First Nation’s traditional territory. During the appeal hearing, the First Nation provided evidence that some of its members hunt, fish, trap, gather plants, inhabit cabins, and travel in the Tsea River watershed on a seasonal basis, as their families did in the past. In addition, the Tsea Lakes are within a trapline area that is registered to members of the First Nation, who operate different portions of the trapline.
In its ruling, the Environmental Appeal Board of B.C. said the science behind the licence is fundamentally flawed. It also ruled the province acted in bad faith when it did not properly consult with the Fort Nelson First Nation, breaching a constitutional duty to consider potential adverse effects of the water licence.
View September 8, 2015 CBC News article
View September 6, 2015 Calgary Herald article
View September 29, 2013 The Common Sense Canadian article
View February 9, 2013 Huffington Post article
View B.C. Environmental Appeal Board Decision NO. 2012-WAT-013(c)
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