Consideration of Socio-Economic Impact Irrelevant to Species at Risk Identification of Critical Habitat
9/15/2009
Janice Walton
Blake, Cassels & Graydon LLP
Just two months after its first substantive ruling interpreting the Species at Risk Act (SARA), the Federal Court (the Court) has issued another, potentially more significant, decision. Unlike the previous ruling, which was grounded primarily in the facts around the designation of critical habitat for the Sage Grouse, this newer case was decided after an analysis of some key aspects of the law surrounding the definition of critical habitat, and the mandatory nature of its identification in recovery strategies. Unless the decision is successfully appealed, or SARA is amended in response, the ruling of the Court is likely to impact the recovery planning processes that are currently underway for hundreds of species, which could have far-reaching impact on resource users and landowners across Canada. In particular, businesses and landowners currently involved in the recovery planning processes are more likely to find that their concerns over the impact of the designation of critical habitat on their activities will not be considered by species recovery teams in their deliberations over what to include in recovery strategies.
rest of review: http://www.blakes.com/english/view_printer.asp?ID=3387
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