The Alberta government has barred the Oilsands Environmental Coalition from hearings on a proposed new oilsands development by Southern Pacific Resource Corp., even after a similar decision last fall was overturned by a judge.

Conservationists say the decision only makes clearer the Alberta government's tendency to shut down public dialogue on resource development. "The government hasn't learned its lesson from last time," said Simon Dyer of the Pembina Institute, one of the groups in the coalition.

Dyer said the coalition will be appealing the second ruling, reports the Canadian Press.

Alberta Environment first denied the coalition standing to participate in hearings about a development on the MacKay River in northern Alberta in 2012, which would expand an existing steam-assisted gravity drainage (SAGD) project. The expansion would result in the extraction of an additional 24,000 barrels per day (bpd) of bitumen.

The Alberta government argued that the group was not directly affected by the project, even though members of the Pembina Institute have a recreational lease in the area, and 45 others live nearby in Fort McMurray.

The coalition applied for a judicial review of the decision. During the process, a 2009 Alberta Environment memo was discovered that singled out the coalition, which includes Pembina and the Fort McMurray Environmental Association, as "not simple to work with" and as having published "negative media on the oil sands."

Justice Richard Marceau invalidated the government's decision on the basis of the 2009 memo, writing in his statement that the law does not permit the Alberta government to "reject statements of concern from those persons or groups who voice negative statements about proposed oil sands development."

"The process of identifying who is 'directly affected' should not be decided by the application of rigid rules," Marceau wrote, noting that there would be no environmentalist voices present at the Southern Pacific hearing if the coalition were barred.

Regardless, in a March 27 letter to the coalition, Alberta Environment official Kevin Wilkinson repeated the very reasoning that got the 2012 decision overturned.

Wilkinson wrote that the coalition is not a legal entity and cannot therefore be considered directly affected, saying that the recreational lease "is no more compelling than the ability for any Albertan to recreate on public land." He added that homes in Fort McMurray, 45 kilometres from the development, were too distant for residents to be considered directly affected.

Wilkinson also assured coalition members that their concerns would be "considered by the designated director, even if the person who submitted the concern is found not to be directly affected."

Dyer noted that the coalition has participated in many other provincial hearings before, and continues to be granted standing at joint federal-provincial hearings. He said that the government's decision is indicative of a pattern of tighter restrictions on who gets to voice concern to regulators about the oilsands.

Earlier this year, the Alberta Energy Regulator (AER) cancelled the public hearing on the Canadian Natural Resources Ltd.'s proposed Kirby Expansion Project after none of the groups that applied to participate were allowed standing. Statements of concern were filed by the Oilsands Environmental Coalition and several First Nations, all of whom were denied. The Kirby Expansion Project, another SAGD project, was subsequently "referred by the hearing panel AER staff for further review and dispensation without hearing."

Nigel Bankes, professor of resource law at the University of Calgary, called the government's tests for deciding standing at hearings "narrow and stringent."

Spokeswoman Katrina Bluetchen said that there has been no regulatory change at Alberta Environment. "Nothing has changed," she said. "It was deemed (the coalition) was not directly affected."

The government has kept information on how many groups have been denied standing in hearings restricted. An access to information request put in by the Canadian Press has been at Alberta Environment for six months without any result.

Dyer thinks Alberta Environment's actions harm the ability of the province to evaluate the impact of resource development, saying that "the government should err on the side of allowing people to speak and collecting input" to help make responsible decisions.

Image Credit: Kris Krug via Flickr

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A Canadian National (CN) tanker train carrying liquefied petroleum gas and crude oil derailed early Saturday in the community of Gainford, Alberta, about 80 km from Edmonton. The derailment caused a massive explosion and started a fire, prompting the evacuation of about 100 people from the community.

CBC News reports that "13 cars — four carrying petroleum crude oil and nine pressurized containers carrying liquefied petroleum gas (LPG) — left the tracks along Highway 16 and Range Road 61" at around 1 am Saturday, according to the Transportation Safety Board.

Parkland County spokesman Carson Mills said that there was a "significant explosion" at the time of the derailment, followed by a "smaller one." No injuries have been reported.

CN spokesman Louis-Antoine Paquin said three of the tanker cars, all containing liquid petroleum gas, were on fire and leaking, reports the Guardian. The community, and all residences within 1.6 km of the derailment, were evacuated in case of another explosion.

"It's still a risky situation so we need to contain as much as possible and keep people far away," said Mills. Parkland County has declared a state of emergency for the area surrounding Gainford. Residents have been told to keep out of the evacuation zone until further notice.

Jim Phelan, Parkland County fire chief, said they were "better off to allow [the fire] to vent and burn," adding that it was "unsafe to start fire-suppression activities," reports the Calgary Herald. Phelan told the news conference that residents saw a "large fireball" at the time of the derailment, and said that the cause of the explosion is "yet to be determined."

CBC reports that "55 Evansburg RCMP officers and emergency personnel are on hand and are working with CN and the Transportation Safety Board of Canada to manage the situation," as well as fire crews from Parkland County and Yellowhead County, and a HAZMAT team from Edmonton.

Alberta Environment spokeswoman Robyn Cochrane said it was too early to assess the damage done by the derailment. "We just won't know the extent, from an environmental point of view, until it's all said and done," Cochrane said. "We'll work with the company on containment and then also remediation."  

Parkland County Mayor Rod Shaigec said that "this could have been worse, given the recent incident in Lac-Mégantic — that certainly does illustrate the threats to residents living along rail tracks. So we're thankful it wasn't of that magnitude."

The July 6 derailment of a Montreal, Maine & Atlantic Company tanker train carrying crude oil in Lac-Megantic, Quebec, caused 47 deaths, with about 5.5 million litres of oil burned or contaminating the environment. The tragic incident has put the increasing transport of crude by rail in North America under close scrutiny.

On October 16, just three days before the Gainford derailment, another CN train carrying fertilizer derailed near Sexsmith, Alberta, causing an evacuation of the town.

Greenpeace has spoken out against the Harper government for putting the needs of the oil industry over the safety of Canadians.

"This kind of disaster will become the new normal unless the federal government takes much more effective measures to improve oil transportation safety," said Greenpeace spokesman Mike Hudema.

"The truth is that the Harper government has become such a cheerleader for the petroleum industry that it is failing in its duty to protect our communities and the environment," said Hudema. "This is the third major derailment in Alberta in the last few months. How many more will it take before Ottawa implements transportation safety regulations that were recommended more than a decade ago?"

Documents obtained by Greenpeace recently revealed that CN and Natural Resources Canada were considering a plan last March to move oil by rail from Alberta to BC for export to overseas markets, in capacities matching that proposed for the Northern Gateway pipeline.

The train that derailed in Gainford was travelling from Edmonton to Vancouver, BC, said CN spokesman Paquin.

Whether the Harper government continues to push for the transport of oil by rail despite the numerous safety concerns and growing number of derailments remains to be seen.

Image Credit: Parkland County / Facebook

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