British Columbia's Environmental Appeal Board Rescinds Water Licence used in Fracking

摘要

On September 3, 2015, the British Columbia Appeal Board (EAB) rescinded Nexen's water licence (the Licence) in Northeast BC. The Licence was issued in May 2012; since then, the licensed water has supported Nexen's fracking operations. Shortly after the Licence was issued, the Fort Nelson First Nation (FNFN) appealed on technical and aboriginal consultation grounds. The decision comes after two preliminary rulings and a long de novo hearing, involving numerous highly technical reports and many expert and lay witnesses, which concluded in early 2014. The highly detailed decision has far-reaching implications and will likely inform the growing body of fracking litigation in Canada (at the time of writing, September 29,2015, neither Nexen nor the Crown have announced whether they will seek judicial review of the EAB decision).