Government Sued Over Enforcement Of Pollution Law

As a result, the conservation groups say that mining companies can store on their property toxic pollutants such as arsenic, lead and mercury, without telling nearby residents about the risks of possible air or water contamination. "It's a right-to-know issue," said Joan Kuyek, national co-ordinator of MiningWatch Canada. "Most people in the community don't even know they're there, and they don't have any idea what's in them. So if there's any kind of accident, any kind of dust storm from the tailings, any kind of seepage, people don't understand the dangers. And we think it's a very important thing for people to know what the threats are to their health and the health of their families." Ecojustice, formerly known as the Sierra Legal Defence Fund, is asking the courts to declare that "the minister has abused his discretion by communicating to mining facilities in a manner that permits them to violate CEPA." The lawsuit is also asking the courts to order the government to publish a list of pollutants released by the mining companies, bringing Canada in line with U.S. regulations introduced in 1998. "CEPA was designed to ensure public transparency and accountability in achieving pollution reductions which are not ensured through the ongoing course of action of the minister," says the application, filed by Ecojustice lawyer Justin Duncan. "The minister has therefore been acting, and continues to act, without jurisdiction or beyond his jurisdiction, has erred in law, and is acting contrary to law." Baird, who was in Manitoba on Wednesday to announce new federal spending to clean up Lake Winnipeg, said mining companies should make public information about their toxic waste. "He has asked the department to look at mandatory reporting of tailings and waste rock to ensure that mining companies are accountable," said Baird's spokesperson, Garry Keller. ... http://www.canada.com/topics/news/politics/story.html?id=60bc5f7d-97e4-4ca0-ab5d-e976f43cfeb9 [Proofreader’s note: this article was edited for spelling and typos on November 8, 2007]

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