Project
Photo: Steven Ablitt / Cassiar WatchVictory: Canada supports public participation and environmental assessment
Thanks to a court ruling to which AIDA and our allies contributed, Canadian authorities must allow active participation in all mining and industrial megaprojects, as well as comprehensive environmental impact assessments.
The decision came after a long legal battle that began in 2006. That year, an open-pit copper and gold mine called Red Chris was approved without the adequate evaluation of its environmental impacts. It was sleighted to process 30 thousand metric tons a day.
The Imperial Metals company intended to build the mine in the Kapplan River Valley, a remote and pristine natural area home to large mammals such as Dali’s sheep, caribou, bears and moose. In addition, the area is part of the migratory salmon route and the Tathlan indigenous community lives nearby.
The company had fragmented the project into small parts to avoid evaluating the full impact of the project, thus violating international standards and the right to public participation.
In 2009 AIDA filed a brief with Canada’s Supreme Court in support of a lawsuit filed against the project by MiningWatch and Ecojustice.
The ruling remains a powerful tool to protect huge expanses of pristine and valuable land for its biodiversity, water sources, and the culture of indigenous communities.
It was a watershed moment in terms of ensuring companies fulfill their obligations when developing projects that put at risk the natural environment and those who depend on it.
Related projects
Belo Monte Dam must comply with conditions before continuing operations
Last week a federal court in Brazil suspended the operating license of the Belo Monte Dam. Prosecutors said the dam's operating company, Norte Energía, failed to complete basic sanitation works in the city of Altamira, which has been directly affected by the hydroelectric project. The decision comes in response to a legal appeal filed by the Federal Public Ministry. The sanitation work was a condition for the dam's licensing, authorized by the Brazilian Institute of Environmental Resources (IBAMA), and should have been completed before the reservoir was filled; it was not. "This is the first time that a federal court has suspended one of Belo Monte's suspensão de segurança, a legal tool that guarantees the dam's operation even though it hasn't completed the conditions required under its operating license. In practice, the decision means that the dam must immediately halt all operations, although the completion of pending work may continue," explained AIDA attorney Marcella Ribeiro. "Beyond being an issue of sanitation, this judgment represents an important step forward in the fight to force the operating company to adequately comply with the conditions necessary for the dam's operation, which favor affected communities." "We hope the Brazilian justice system continues to guarantee the protection of the rights of all those affected by the Belo Monte Dam.”
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Letter: Concerning the Green Climate Fund and large hydropower
The 282 undersigned organizations write to express our significant concern regarding the use of GCF resources to support large hydropower, and, in particular, the following proposals in the GCF’s pipeline: (i) Qairokkum Hydropower Rehabilitation, Tajikistan; (ii) Upper Trishuli-1, Nepal; and (iii) Tina River Hydro Project, Solomon Islands. The GCF can and should help pay for the incremental costs of renewable energy sources, which are often less “bankable” (though less so all the time). However, we wish to highlight that large dams are different from wind, solar and other technologies because they fail to fulfill the GCF Investment Criteria. For example: (i) Impact potential: Dams emit significant amounts of greenhouse gases, particularly methane, and damage carbon sinks; (ii) Paradigm shift potential: Large hydro is a non-innovative technology that has not seen significant technical or financial breakthroughs in decades; (iii) Sustainable development: Dams have high negative co-impacts with regard to the environment, human rights, and economic cost. By interrupting rivers and flooding lands, they irreversibly harm livelihoods and ecosystems. Because they routinely cost double their estimates, large dams stretch government budgets and increase borrowing costs; (iv) Needs of the recipient: Hydropower projects are particularly vulnerable to climate change, and many countries are already alarmingly over-dependent on hydropower (as is the case with Tajikistan and Nepal). GCF should support efforts in these countries to diversify their energy mix, helping them improve their resilience and adaptive capacities; and, (v) Efficiency and effectiveness: Dams all over the world are losing generation capacity because of climate change-induced droughts. In addition, each of the dam-related projects in the GCF’s pipeline suffers significant deficiencies: Qairokkum Hydropower Rehabilitation: This funding proposal is expected at the April board meeting. The board should reject it. The project aims to extend the life of a Soviet-era dam, built in the 1950s. It is not innovative in any way, deepens Tajikistan’s already alarming overdependence on climate-vulnerable hydro, and fails to address critical environmental problems of the original dam, among other concerns. Upper Trishuli-1: Though not up for consideration at the April board meeting, Upper Trishuli has been in the project pipeline for many months and should be expeditiously removed from it. With more than 30 hydro projects either operating, in construction, or planned on the Trishuli River, the project would have no transformational impact. It faces severe climate and disaster risks, would deepen Nepal’s overdependence on climate-vulnerable hydro, and would have significant impacts on indigenous communities and the environment that have not been adequately studied or addressed. There is also no assessment of the project’s vulnerability to earthquakes, despite the area being highly seismic. Tina River Hydro Project: Expected at the April board meeting, this 15 MW project is intended to reduce the Solomon Islands’ reliance on imported diesel. The project does not include an assessment of climate vulnerability, threatens a world-class biodiversity hotspot, and is very costly. Meanwhile, Solomon Islands has considerable renewable energy potential that has not been sufficiently studied. These issues and others are detailed in a letter sent previously to the Board. Thank you for your attention to this most important matter. We look forward to working with you and the Secretariat to ensure that the GCF is a transformational institution of the highest social and environmental caliber. That cannot be accomplished if the GCF finances large hydropower.
Read moreLetter: Concerning the Green Climate Fund and large hydropower
The 282 undersigned organizations write to express our significant concern regarding the use of GCF resources to support large hydropower, and, in particular, the following proposals in the GCF’s pipeline: (i) Qairokkum Hydropower Rehabilitation, Tajikistan; (ii) Upper Trishuli-1, Nepal; and (iii) Tina River Hydro Project, Solomon Islands. The GCF can and should help pay for the incremental costs of renewable energy sources, which are often less “bankable” (though less so all the time). However, we wish to highlight that large dams are different from wind, solar and other technologies because they fail to fulfill the GCF Investment Criteria. For example: (i) Impact potential: Dams emit significant amounts of greenhouse gases, particularly methane, and damage carbon sinks; (ii) Paradigm shift potential: Large hydro is a non-innovative technology that has not seen significant technical or financial breakthroughs in decades; (iii) Sustainable development: Dams have high negative co-impacts with regard to the environment, human rights, and economic cost. By interrupting rivers and flooding lands, they irreversibly harm livelihoods and ecosystems. Because they routinely cost double their estimates, large dams stretch government budgets and increase borrowing costs; (iv) Needs of the recipient: Hydropower projects are particularly vulnerable to climate change, and many countries are already alarmingly over-dependent on hydropower (as is the case with Tajikistan and Nepal). GCF should support efforts in these countries to diversify their energy mix, helping them improve their resilience and adaptive capacities; and, (v) Efficiency and effectiveness: Dams all over the world are losing generation capacity because of climate change-induced droughts. In addition, each of the dam-related projects in the GCF’s pipeline suffers significant deficiencies: Qairokkum Hydropower Rehabilitation: This funding proposal is expected at the April board meeting. The board should reject it. The project aims to extend the life of a Soviet-era dam, built in the 1950s. It is not innovative in any way, deepens Tajikistan’s already alarming overdependence on climate-vulnerable hydro, and fails to address critical environmental problems of the original dam, among other concerns. Upper Trishuli-1: Though not up for consideration at the April board meeting, Upper Trishuli has been in the project pipeline for many months and should be expeditiously removed from it. With more than 30 hydro projects either operating, in construction, or planned on the Trishuli River, the project would have no transformational impact. It faces severe climate and disaster risks, would deepen Nepal’s overdependence on climate-vulnerable hydro, and would have significant impacts on indigenous communities and the environment that have not been adequately studied or addressed. There is also no assessment of the project’s vulnerability to earthquakes, despite the area being highly seismic. Tina River Hydro Project: Expected at the April board meeting, this 15 MW project is intended to reduce the Solomon Islands’ reliance on imported diesel. The project does not include an assessment of climate vulnerability, threatens a world-class biodiversity hotspot, and is very costly. Meanwhile, Solomon Islands has considerable renewable energy potential that has not been sufficiently studied. These issues and others are detailed in a letter sent previously to the Board. Thank you for your attention to this most important matter. We look forward to working with you and the Secretariat to ensure that the GCF is a transformational institution of the highest social and environmental caliber. That cannot be accomplished if the GCF finances large hydropower.
Read more