Climate accountability lawsuit against B.C. government dismissed in court

A lawsuit filed by environmental groups claiming the British Columbia government failed to remain accountable to its climate action targets has been dismissed by a B.C. Supreme Court justice.

According to the ruling, the province's reporting on its targets satisfied the requirements of B.C.'s Climate Change Accountability Act. 

Under the act, B.C. has provincewide emissions targets for 2025, 2030, 2040, and 2050.

The  lawsuit, filed by environmental law charity Ecojustice on behalf of Sierra Club B.C., argued that a 2021 accountability report filed by B.C.'s Ministry of Environment and Climate Change failed to explain how its climate plans would achieve the province's key greenhouse gas emissions targets for the years 2025, 2040 and 2050, and specifically for the oil and gas sector in 2030.

Court rules province met requirements of climate legislation

In a decision published Tuesday, Justice Jasvinder Basran ruled the province met its requirements to report on its progress toward those targets.

The 2021 Provincial GHG Emissions Report that was the subject of the lawsuit forecast that B.C. is expected to miss its 2025 target by approximately two million tonnes of carbon dioxide equivalent.

Basran ruled the information provided complied with the province's requirements under the act.

"While somewhat disappointing, in my view, the provision of this information along with the other information set out in the [plan], complies with the minister's statutory requirement under [the act]," the ruling reads.

Basran also ruled that reports by the province on initiatives to meet its 2030 emissions reduction targets were not required by the act and should not apply to the 2025, 2040 and 2050 targets.

"The provision of detailed information in respect of the 2030 target does not create an obligation to provide similarly detailed information in respect of the other targets," said Basran in the decision.

In an emailed statement, B.C.'s Ministry of Environment said it was pleased with the court's ruling.

"B.C. has some of the strongest climate accountability measures in Canada, ensuring credibility and transparency," reads the statement.

"Any future government is legally bound to publicly report on its plans to make progress toward achieving the province's legislated climate targets."

Environmental groups say decision to hear suit a win

Ecojustice called the decision a mixed bag.

"There's no question this is very disappointing that the court hasn't agreed with us that the province's climate report has fallen short of what it's required to do under the act," said Alan Andrews, climate program director at Ecojustice.

Andrews says British Columbians should be concerned that the province is on track to miss several climate targets.

"This act is not delivering the kind of accountability on climate that the government said it was going to deliver when it introduced this to great fanfare several years ago."

Both environmental groups, however, say the court's decision to hear the case set a precedent.

"The good news is that the court agreed with us that people in B.C. have a right to hold their government accountable to follow its climate law," Jens Wieting with Sierra Club B.C. said in a written statement.

The province had argued the suit should be thrown out altogether on the grounds that the legislature, not the courts, should review the government's reports on emissions targets.

Sierra Club B.C. has 30 days to decide whether to appeal the decision.