Ecojustice Case – Climate change Case Status: In Progress

Protecting ocean biodiversity in Newfoundland and Labrador’s waters from risky offshore oil drilling

James Gunvaldsen KlaassenLawyer
Josh GinsbergJosh GinsbergLawyer
Ecology Action CentreClient
Sierra Club Canada FoundationClient
World Wildlife FundClient
Humback whale
Photo by Whit Welles Wwelles14 | CC-BY-SA 3.0

The Grand Banks and the open oceans off the eastern coast of Newfoundland and Labrador are one of the most important marine environments in the world and home to a wide assortment of ocean life, including the endangered cod and humpback whales.

Despite the ecological importance of Newfoundland and Labrador’s offshore, in February 2018, the Government of Newfoundland and Labrador announced a plan to increase oil production in the region and allow more than 100 new offshore exploratory wells by 2030. A Regional Impact Assessment (RIA), a participatory process designed to assess the cumulative effects of a proposed development on a particular region or ecosystem, was conducted.

Though increasing offshore oil drilling exploration poses a direct threat to marine ecosystems and undermines Canada’s stated commitment to reach net-zero emissions by 2050, the RIA report concluded that it was unable to analyze the risk to ecology in the subject area and the cumulative effects of offshore drilling.

This deficient report is the product of a flawed process that failed to provide opportunities for substantive public engagement on important environmental issues. As such, this report cannot be lawfully used as the basis for a decision to exempt all future offshore oil drilling exploration projects off eastern Newfoundland and Labrador from environmental impact assessment, which the federal government has signalled it intends to do.


Why is Ecojustice involved?

All offshore oil exploration must be subject to proper environmental assessment.

The new Impact Assessment Act was introduced to protect the environment, improve the assessment process, and make decisions more transparent. The federal government’s actions in Newfoundland flies in the face of this intention.

The people of Newfoundland and Labrador, and all Canadians, should be able to trust that projects will only proceed if they pass a proper assessment and their effects on the environment are properly accounted for.

You can read our Notice of Application here. 


What would a win mean?

A win in this case would also see environmental laws, like the Impact Assessment Act, properly applied to projects that pose more risks to our environment.

Vitally, a win would safeguard this important marine ecosystem from risky offshore oil exploration.

Ocean ecosystems are already being disproportionately impacted by increasing levels of greenhouse gas emissions, resulting in a massive loss in marine life. It is paramount that we use all the tools in our legal toolkit to ensure that precautionary steps are taken to protect against biodiversity loss and tackle the climate emergency.

Help us protect Newfoundland and Labrador's waters from offshore drilling

Ecojustice has used the power of the law at every opportunity to protect our oceans from risky offshore oil and gas developments. But we can’t do this work without the support of people like you. Make a donation today to ensure we can continue to defend coastal waters and communities from risky oil and gas exploration.

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