Battery cell factory | Authorization granted to Northvolt attacked on two fronts

The authorization granted by the Legault government to Northvolt to allow it to fell trees and encroach on wetlands is now contested by two legal actions: that of the Quebec Environmental Law Center (CQDE) and that of the Kahnawake Mohawk First Nation.

The CQDE first calls for a temporary suspension of preparatory work on the site which will host the company’s battery cell mega-factory in Montérégie, and then asks that Quebec be forced to re-study the file. The Mohawk Council of Kahnawake is directly demanding the cancellation of the authorization granted earlier this month by the Ministry of the Environment, the Fight against Climate Change, Wildlife and Parks (MELCCFP).

A non-profit organization, the CQDE clarified its strategy on Wednesday before the Superior Court of Quebec, which was considering its request for a provisional injunction. The objective is to obtain a temporary suspension of preparatory work on the site which is to accommodate the company’s vast battery cell factory in Montérégie – a 7 billion project.

At the Montreal courthouse, the hearing focused a lot on the compensation plan to which Northvolt will be subject. The young Swedish company is committed to “creating”, “restoring” or “preserving” natural environments over an area of ​​30 to 50 hectares – up to 90 football fields – in the region.

“The MELCCFP was satisfied with vague specificities,” argued M.^e Jessica Leblanc, who collaborates with the CQDE, before Judge David R. Collier.

According to the organization, this scenario is in a way a carte blanche given to Northvolt, said the lawyer. It is unclear where mitigation measures will be deployed and details of what will be done in terms of restoration and compensation are unknown.

Impacts

On the 170-hectare site straddling Saint-Basile-le-Grand and McMasterville, the first phase of preparatory work involves the felling of approximately 14,000 living and dead trees. The construction site will notably disturb 13 hectares of wetlands. The site – where the Canadian Industries Limited explosives factory was once located – is notably home to a nesting area for the least bittern, a bird considered a vulnerable species whose presence has been detected three times since 2016.

“We consider that destroying now without having sufficient information to control environmental impacts is questionable,” said Marc Bishai, lawyer for the CQDE, outside the courtroom.

Before the magistrate, M^e Leblanc gave the example of a wildlife advisory prepared by a government biologist. According to the lawyer, the biologist did not have enough information on the impact that the work would have on wildlife species. M^e Leblanc believes that this demonstrates the “unreasonable” nature of the ministerial authorization.

M^e Stéphanie Garon, who represents the Attorney General of Quebec, saw things differently. It was the MELCCFP biologist who demanded that Northvolt commit to carrying out one of the two options that were considered to compensate for the distribution of wetlands, she argued. Ultimately, the 30 to 50 hectare scenario was chosen.

“It’s a condition of the authorization,” explained M.^e Garon. The Ministry does not give carte blanche to the company to carry out its project. She’s the biologist [du gouvernement] who will make their recommendation. »

A “fatal” delay for Northvolt

Northvolt’s lawyer, Nathalie-Anne Béliveau, for her part, emphasized the urgency, for her client, of restarting the work “if we do not want to compromise the project” in its entirety. She shot an arrow at the CQDE, which, in her opinion, did not use the “right vehicle” if it wanted to send Quebec back to the drawing board.

A 10-day delay in the case of an injunction would be “fatal” for Northvolt, argued M^e Béliveau, emphasizing that preparatory work could not be carried out after April 15 due to the bird nesting period, in particular.

“We have a client at the moment,” said M.^e Beliveau. If we don’t deliver on time, we’ll lose it. The loss of a customer would be irreparable harm. »

Judge Collier took the matter under advisement. He promised to decide as quickly as possible. Until then, activities will remain suspended at the Northvolt site in Montérégie.

A cancellation

As for the legal action brought by the Mohawk First Nation of Kahnawake, it targets both Quebec and Ottawa. The Mohawk Council of Kahnawake accuses the Quebec and Canadian governments of not having consulted it about the Swedish multinational’s project, which is located on the traditional territory of the First Nation.

The Council asks the Court to declare that Quebec and Ottawa violated their constitutional obligation to consult the Mohawk Nation by financing the project and, in the specific case of Quebec, by authorizing the destruction of wetlands. This authorization must therefore be canceled, argues the request that The Press was able to consult.