Court Defers to Environmental Appeal Board

"In rural British Columbia, water is a precious commodity." That statement set the stage for a BC Supreme Court decision addressing the management of water in the province's interior.  The matter proceeded by judicial review from a decision of the province's Environmental Appeal Board (EAB) upholding an approval of a change to a stream.  At the hearing before the EAB, the appellants raised environmental and practical concerns, as well as constitutional questions about the province's authority to regulate riparian and other water rights.   After a lengthy hearing, the EAB ultimately upheld the approval, while imposing some additional monitoring requirements. Upon judicial review, the BC Supreme Court upheld both the fairness of the EAB process and the reasonableness of the EAB's decision, all while confirming the high level of deference owed to this specialized tribunal.  

The Environmental Appeal Board is a specialized appeal tribunal that hears appeals from certain decisions made by government officials related to environmental issues.

Robin Gage was counsel for the Environmental Appeal Tribunal.  We have broad experience in administrative law matters, and significant expertise in the area of environmental law. 

The full decision can be found here:  Lindelauf v. British Columbia (Assistant Regional Water Manager)