The Quebec Environmental Law Center (CQDE) filed a request for an injunction before the Superior Court 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 this 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, we recall in particular 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 CQDE therefore deplores “that there seem to be double standards and therefore wishes to shed light on this apparent inconsistency”.
“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 adequate response to public concerns, forces us to act quickly,” indicates Marc Bishai, lawyer at CQDE.
Biodiversity
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 several 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 twice as large an area of wetlands as another residential construction project refused on the same site less than a year ago.
The environments found on the Northvolt site have until now served as habitat for several dozen species, some of which are “threatened” or “endangered”. For example, at least 142 species of birds frequent the site, some of which are threatened.
To compensate for the losses of natural environments on the site, the government of Quebec required the payment of financial compensation of $4.75 million for the wetlands. 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”.
Changed rules
If the government 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 analyzing 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 is deemed complete, the process would normally lead to an examination of the project by the BAPE, including public hearings which allow independent consultation 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 such a project is subject to the procedure just a few weeks before the project was announced. 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.