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Jennifer I. Considine

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Jennifer I. Considine and Mary Lashley Barcella

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Anna Vypovska, Laura Johnson, Dinara Millington and Allan Fogwill

This chapter discusses key environmental and Indigenous peoples’ issues facing development of the natural gas and liquefied natural gas (LNG) industry in the Province of British Columbia, and examines the main approaches to mitigate, manage and monitor these issues effectively. The authors reviewed environmental assessment applications for 29 major natural gas and LNG projects in British Columbia that have undergone a typical environmental assessment process with the provincial or federal responsible authorities since 2010, as well as the content of primary regulatory documents and issues identified in relevant case law. The key environmental issues identified from the review include significant residual adverse effects related to greenhouse gas emissions; significant residual adverse effects and cumulative effects to rare and threatened wildlife species; and cumulative adverse impacts of natural gas development. The most common potential adverse impacts on Indigenous peoples’ interests summarized in the review include but are not limited to effects on health and socio-economic conditions; physical and cultural heritage; the current use of lands and resources for traditional purposes; sites of historical and archeological significance; and potential cumulative impacts on Aboriginal interests. The chapter also provides examples of key approaches to mitigate the foregoing issues and stresses the importance of effective consultation and engagement with Indigenous groups at early stages of the proposed projects development.

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Bridget M. Hutter

This chapter outlines some of the most prominent environmental issues we face, including changes in our understandings of environmental risks, uncertainties and damage and the inequalities attaching to them. It discusses strategies for managing these risks, focusing in particular on risk and resilience perspectives and the ways in which they relate to environmental law. The chapter introduces the organisation of the book around major themes such as variable perspectives on risk regulation; the compatibility of law with notions of risk and resilience; transnational efforts to manage environmental risks; and the difficulties associated with managing inequalities within and between countries. It concludes with an introduction to some of the emerging governance issues generated by these debates.

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Edited by Bridget M. Hutter

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Table of constitutions, legislation, and regulations

Sustainable, Just, and Democratic

Edited by Melissa K. Scanlan

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Table of cases

Sustainable, Just, and Democratic

Edited by Melissa K. Scanlan

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Prologue

Sustainable, Just, and Democratic

Edited by Melissa K. Scanlan

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Foreword

Sustainable, Just, and Democratic

Edited by Melissa K. Scanlan

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Climate change, system change, and the path forward

Sustainable, Just, and Democratic

Melissa K. Scanlan

The current global economic system, which is fueled by externalizing environmental costs, growing exponentially, consuming more, and a widening wealth gap between rich and poor, is misaligned to meet the climate imperative to rapidly reduce greenhouse gases (GHGs). Amidst this system breakdown as we reach the end of the Industrial Age, the new economy movement has emerged to provide an alternative approach where ecological balance, wealth equity, and vibrant democracy are central to economic activity. Laws are the fundamental infrastructure that undergirds our economic and political system. Environmental law is typically conceived as a set of rules that establish pollutant limits for specific waterbodies, protect an identified species, or direct an industry to use a required technology. Although necessary, these types of law do not address the fundamentals of our political economy, and the most dramatic failure of environmental law is seen in increasing amounts of GHGs and global climate disruption. In order to develop a new economic system that is aligned with a climate and economic justice imperative, we need laws that will facilitate the new system and discourage the old. This chapter discusses systems thinking and systems change, highlighting leverage points to achieve change. It gives an overview of the new economy movement that has emerged to provide a new narrative, and using a systems lens, identifies areas where the law needs to evolve to facilitate building a more sustainable, equitable, and democratic future.