By Joe Schneider
Oct. 20 (Bloomberg) -- The Canadian government won't have to face three suits accusing it of failing to draft a plan to meet pollution-reduction goals, with a federal judge saying he couldn't issue a meaningful order for the government to follow.
Two environmental advocacy groups, Friends of the Earth and Ecojustice Canada, sued the government in September and asked the judge to order the government of Prime Minister Stephen Harper to comply with a June law requiring it to prepare a plan to meet the emissions targets of the Kyoto Protocol. The law passed with the support of opposition parties, which had a majority of the votes in Canada's parliament.
``Such an order would be so devoid of meaningful content and the nature of any response to it so legally intangible that the exercise would be meaningless,'' Judge Robert Barnes said in a 40-page ruling issued today.
Environment Minister John Baird said in April that Canada couldn't meet its commitments under the Kyoto Protocol without causing a recession. An economic impact report presented by Baird said implementing the Kyoto plan would result in 275,000 job losses in 2009 while the cost of electricity would rise 50 percent after 2010 and gas prices would increase 60 percent.
``I obviously disagree'' with the judge's decision, Chris Paliare, the Toronto lawyer who filed the suit, said today in a phone interview. ``We are very disappointed.'' He said he would read the ruling in detail before deciding whether to appeal.
Court's Role
Barnes also said in today's ruling that he doesn't believe the court has a role to play in reviewing the reasonableness of the government's response to Canada's Kyoto commitments.
Canada is required by 2012 to reduce polluting emissions to 6 percent below 1990 levels under the Kyoto Protocol, the 1997 international agreement to reduce emissions of greenhouse gases that contribute to global warming.
Under the government's plan, emissions would be reduced to a level 30 percent higher than the Kyoto targets. Baird said the proposal would put the country on track for further reductions later.
Friends of the Earth and Ecojustice sued the government in May, alleging it had contravened the Canadian Environmental Protection Act by not meeting international commitments to reduce polluting emissions. The suit was withdrawn after the June law was passed.
The case is Between Friends of the Earth and Her Majesty the Queen, T-1683-07, Federal Court of Canada (Toronto).
To contact the reporter on this story: Joe Schneider in Toronto at jschneider5@bloomberg.net.
Last Updated: October 20, 2008 18:04 EDT
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