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Alberta Politics

Climate change lawsuits could be the new reality and Alberta better get used to it

Toronto City Councillor Mike Layton announced his plans to bring forward a motion to the council of Canada’s largest city this week asking for a report on the long term cost implications of climate change on the City of Toronto’s infrastructure and programs and any legal avenues to pursue compensation for those costs from major greenhouse gas emitters.

Rachel Notley Alberta NDP leader
Rachel Notley

On the campaign trail in Alberta, NDP leader Rachel Notley and United Conservative Party leader Jason Kenney delivered sharp responses in defence of Alberta’s oil industry. Both leaders are trying to position themselves as the biggest defenders of the oil industry in an election where the economy and oil pipelines are top of mind for many Albertans.

Notley has spent the past four years positioning herself as the country’s biggest advocate in favour of oil pipelines and Kenney recently announced plans to create a government-funded PR war room to fight foreign criticism of behalf of the oil industry (I suspect Toronto now falls in the “foreign” category).

Layton’s motion has not even been debated yet and has been sent to committee, but it is part of a growing trend of North American municipal governments trying to hold large oil and gas companies to account for their role in global climate change.

New York City Mayor Bill de Blasio announced in 2018 that his City had filed a lawsuit against five of the world’s largest investor-owned fossil fuel companies – BP, Chevron, ConocoPhillips, Exxon Mobil, and Royal Dutch Shell – for the billions of dollars the City will spend to protect the city and its residents from the impact of climate change.

Similar lawsuits have been launched by other American municipal governments, including San Francisco, Oakland, and Richmond.

Jason Kenney
Jason Kenney

For municipal governments suing oil and gas companies, the fight is over who is responsible for covering the cost of damages resulting from rising average temperatures – a particularly sensitive issue for Canadian cities located near large bodies of water like Victoria, Vancouver and Toronto. 

I am not a lawyer, so I cannot say for sure whether the same legal avenues are available to Canadian municipalities, it is clear that attitudes towards fossil fuels are changing in city halls across the country in respect to climate change. With an increasing number of provincial governments reneging on previous climate change initiatives, it is also becoming clearer that municipal councils cannot wait for provincial legislatures to find solutions.

Victoria City Council passed a resolution in January 2019 to support filing a class-action lawsuit against fossil fuel companies to recover costs arising from climate change.” Burnaby’s new Mayor Mike Hurley has asked the BC government to create legislation to allow municipal governments to launch and join class-action lawsuits against fossil fuel companies for climate-related harms.

The BC cities of Vancouver and Richmond have recently declared “climate emergencies.”

But in Alberta, with pipelines and Gay-Straight Alliances making headlines, climate change is a sleeper issue in the ongoing election campaign even as the World Meteorological Organization is reporting that extreme weather last year impacted 62 million people worldwide and forced 2 million people to relocate.

The Notley government implemented a much-lauded Climate Leadership Plan after it was elected into office in 2015, which included an ambitious plan to shut down Alberta’s dirty coal-fired power plants. But three years later, the most talked about element of Alberta’s climate change plan is the much-demonized carbon tax.

Kenney says a UCP government would repeal the carbon tax and dissolve Energy Efficiency Alberta, the government agency responsibly for renewable energy projects and energy efficiency programs, but he has not released any details about if he would take any meaningful action to combat climate change.

I expect that most or all of the Climate Leadership Plan would be scrapped under Kenney’s leadership, opening the province to more “foreign” criticism and making its large oil and gas industry into a more convincing target for political and legal challenges.

I already mentioned that attitudes towards oil and gas are changing, but so will demand for our oil, eventually. The challenge for future Alberta governments is how to meaningfully deal with climate change while recognizing that the goose that laid the golden egg could one day soon be barren. Alberta’s default has been to pray that the international price of oil will bounce back someday soon, creating plenty of jobs and replenishing government coffers.

Layton’s proposal, like similar actions pursued by the American cities, is to treat fossil fuel companies like tobacco companies who knew their products caused cancer but hid that information from the public. Like the tobacco companies, major oil companies have known for decades that they have been contributing to climate change and have been accused of spending $1 billion undermining climate change efforts.

Layton’s motion may just be a little bump on Alberta’s campaign trail, but it could be a sample of a much larger climate change fight coming in the years ahead.

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Alberta Politics

Alberta Politics Catch Up: Pipelines, Planes, Cities and Rob Anders

Stop the Pipelines Alberta Oilsands 1Spending a few days in another province can sometimes give you a different perspective on important national issues. Spending the last week in British Columbia served as a good reminder to this political watcher about how emotional the debate around pipelines and the Oilsands are in Alberta’s neighbouring province.

Stop the Pipelines Alberta OilsandsWhile I am sure opinion is divided in B.C., I lost count of how many times I spotted “Stop the Pipelines” spray painted across concrete walls or embankments in Vancouver. And it was not just graffiti, the neighbours in the respectable neighbourhood I called home for the weekend even had anti-pipeline signs planted on their front lawns.

Former bank executive Jim Prentice, who will likely become Alberta’s next premier after this weekend’s Progressive Conservative leadership vote, has pledged to get the Enbridge Northern Gateway Pipeline built. But it will be a more difficult job than most Albertans would imagine, and we better become familiar with this reality.

Jim Prentice Alberta PC Party Premier Leader
Jim Prentice

There are many legitimate environmental concerns surrounding the construction of oil pipelines (and the Alberta government’s failure to implement a climate change strategy), but at its base, all sides of this great Canadian debate appear to be basing their positions on emotion, rather than facts and solid arguments.

Back to Alberta politics, Mr. Prentice announced that his leadership campaign raised $1.8 million, which should not be too surprising. As favourite son of downtown Calgary and the front-runner in this contest, Mr. Prentice was expected to bring in the corporate dollars.

Earlier this year, Mr. Prentice warmed up his campaign as the committee chair for the PC Party’s Calgary fundraising dinner in May 2014. The PC Party has never really had trouble raising money, their biggest challenge is that the opposition Wildrose Party is raising just as much (and mostly in small donations from individuals, rather than large corporate donations).

Thomas Lukaszuk MLA Edmonton-Castle Downs
Thomas Lukaszuk

Former deputy premier and PC leadership candidate Thomas Lukaszuk has had a rough week. First, he changed his tune on a $20,000 cell phone bill racked up while he was on vacation in Poland and Israel, now saying that he was taking an emergency call from a cabinet minister, who was in the midst of family dispute. Then, it was revealed that Mr. Lukaszuk had quietly reimbursed the government for $1,400 worth of flights on the government planes in which he brought his daughter.

Mr. Lukaszuk was a harsh critic of former Premier Alison Redford when it was revealed she had misused government planes, including taking her daughter on flights.

Manmeet Bhullar
Manmeet Bhullar

Human Services minister Manmeet Bhullar denied allegations that he offered “dirt” on Mr. Lukaszuk to the opposition parties and that he was the source of the leak. Mr. Bhullar is co-chairing Mr. Prentice’s leadership campaign and is expected to earn a big cabinet promotion if his candidate wins the leadership race on September 6.

The CBC also uncovered that finance minister Doug Horner had taken his wife on 23 separate flights dating back to 2007. Mr. Horner is responsible for the fleet of government planes.

Meanwhile, Edmonton mayor Don Iveson says that time is long overdue for the big cities and the provincial government to have a “grown-up conversation” about funding how we build our cities. In Calgary, popular mayor Naheed Nenshi has given Mr. Prentice, Mr. Lukaszuk and Ric McIver low grades on municipal issues, saying that none of the PC leadership candidate have outlined any significant vision for Alberta’s cities.

The Wildrose Party is trying to distance itself from offensive Conservative Member of Parliament Rob Anders. The party is denying it issued an endorsement after a robocall broadcast to Conservative supporters in the Bow River riding included an endorsement from former Wildrose leader and MLA Paul Hinman.

Wildrose leader Danielle Smith and Strathmore-Brooks Wildrose MLA Jason Hale issued statements late last week denying any connections to Mr. Anders’ campaign. Here is Ms. Smith’s statement:

“While individual Wildrose members may choose to support individual nomination contestants for federal Conservative nominations, Wildrose as a party is neither endorsing nor assisting any nomination contestant in the Bow River electoral district.

No nomination contestant in Bow River can claim the official or unofficial endorsement of the Wildrose Party.

We encourage Albertans who are interested in politics to inform themselves about party nominations and participate in democracy and we wish all the nomination contestants the best of luck.”