The Quebec Environmental Law Center (CQDE) filed a request for an injunction before the Superior Court of Quebec on Thursday to request “the immediate suspension of work” on the Northvolt project, which started at the beginning of the week in Montérégie. The hearing on this appeal should take place Friday at the Montreal courthouse.
“While the felling of trees has been observed and the destruction of wetlands sheltering the habitats of species in precarious situations is imminent, the CQDE requests the suspension of this work which is worrying for biodiversity,” it is argued in a press release published Thursday.
In the request for a provisional injunction, we highlight the fact that the Legault government refused last year to carry out a real estate project on the same site. Experts from the Quebec Ministry of the Environment then justified their decision by emphasizing the rich biodiversity of the land, the essential nature of the natural environments for the region and the “impressive diversity” of the fauna on the site.
The data provided to Duty by the ministry report in particular the presence of 21 threatened or vulnerable species. And at least 142 species of birds frequent the site, some of which are threatened.
In its refusal decision, dated March 2023, the government indicated at the same time that the diversity of ponds and marshes “provides a variety of habitats for living species, which allows the maintenance of biodiversity in a context where natural environments are rare and where agricultural practices and urban development homogenize the landscape.” What’s more, the planned destruction of natural environments would have reduced “the connectivity links between the natural environments of the region”.
The CQDE thus deplores “that there seem to be double standards”. He therefore “wishes to shed light on this apparent inconsistency”.
According to Marc Bishai, lawyer at CQDE, the analysis which led to the refusal of the residential project last year is still valid this year. “As the situation requires an urgent response for the protection of the environment, we are now turning to the courts. We regret having to go this far, but the ongoing destruction, without an adequate response to public concerns, forces us to act quickly,” specifies M.e Bishai.
“We will take note of the request and let the judge make his decision during the hearing,” the office of the Minister of the Environment, Benoit Charette, reacted by email.
Northvolt also reacted briefly on Thursday. “We are aware of the request and will get back to you,” was the response to the Duty. The work was stopped on Thursday afternoon, “out of respect for the ongoing legal process”.
Changed rules
As soon as the battery component factory project was announced in September 2023, the Legault government rejected the idea of subjecting Northvolt to the environmental assessment procedure regularly used for large-scale industrial projects in Quebec.
Last week, the government authorized the destruction of wetlands on the site of the future factory, as well as the felling of thousands of trees. Quebec has also authorized Northvolt to destroy an area twice as large of wetlands as the residential construction project refused on the same site less than a year ago.
To compensate for the losses of wetlands, the Quebec government demanded the payment of financial compensation of $4.75 million. He also agreed with the company that it must “create, restore or conserve natural environments over an area to be determined, which will be of equal ecological value”.
If Quebec had decided to impose the complete environmental assessment procedure provided for under the Environment Quality Act, the promoters would have had to carry out an impact study based on a “directive” which would have involved to analyze several points that should characterize the Northvolt factory project: social acceptability, repercussions on the local road network, climatic effects, impact on public health, consequences on natural environments and biodiversity, etc. Once this impact study would have been deemed complete, the process would normally have led to an examination of the project by the BAPE, including public hearings which allow consultations to be carried out independent of the government and the promoter.
Normally, it is only at the end of this procedure that the BAPE submits its report to the government, which then makes the decision whether or not to authorize the project.
However, the Legault government modified the rules which determine whether a project like that of Northvolt is subject to this procedure just a few weeks before the latter’s announcement. From now on, battery factories are covered by a provision which sets the threshold of liability at an annual production capacity of 60,000 metric tonnes. Northvolt plans production of 56,000 tonnes, according to available information.