Nanoose Conversion Campaign

2150 Maple Street, Vancouver, BC, Canada, V6J 3T3 (604)739-0432 Tel/Fax e-mail: iabbey@alternatives.com

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For immediate release: January 20, 1998

EXEMPTIONS OF U.S. WARSHIPS AT NANOOSE APPEALED

VANCOUVER - The Nanoose Conversion Campaign (NCC) is appealing a Dec. 17 Federal Court of Canada decision exempting U.S. Warships from Canadian environmental regulations that prohibit the dumping of copper, lead and other toxic material into salmon bearing waters at Nanoose Bay.

Tim Howard of the Sierra Legal Defence Fund, acting for NCC, will be asking the Federal Court of Appeal to overturn the Hon. Mr. Justice L-Marcel Joyal's ruling that even though U.S. warships routinely deposit toxic materials on the sea-bed during torpedo-testing, Federal Environment Minister Christine Stewart can exempt the Department of National Defence (DND) and U.S. Navy warships from requiring an ocean-dumping permit. Under Canadian Environmental Protection Act (CEPA) regulations, no one can dump anything into coastal waters without a permit.

Mr. Justice Joyal suggested that Stewart should be guided "by the intuition of experience which outruns analysis" and that the permitting process shouldn't hinder the autonomy of ministerial discretion.

"Intuition has nothing to do with it," says NCC director Ivan Bulic. "The public permits process as legislated in CEPA provides the only opportunity for the public to even know about activities such as military dumping, and permits are the sole way of protecting the environment from indiscriminate dumping."

"Why shouldn't the U.S. Navy and DND obey the same laws as the rest of us? CEPA can't possibly protect the marine environment unless it is applied consistently."

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Information:

Ivan Bulic: 604-736-7732

Tim Howard: (SLDF) 604-685-5618

Mr. Justice Joyal's full ruling is available on request from NCC, or <iabbey@alternatives.com>