Public interest and the environment: are they really separate?

• Author: Fluker, Shaun

In my opinion, all legislation should have an ecological conscience. Many of us would admit to having environmental tendencies. Hence, when the public interest is used as a legislative decision-making tool, I expect to find environmentally friendly decisions. Of all the legislation in force, one would expect public interest legislation, to exhibit an ecological conscience. In Alberta, there is plenty of evidence to suggest otherwise.

Environmental concerns are becoming human concerns. As industrial development and residential areas move closer together, people are realizing that adverse ecological impacts translate into adverse human health. Whether they oppose contamination (for example air, water, soil, or noise pollution) or depleted water sources, residents faced with the prospect of nearby industrial development are voicing their concerns. Often, they are told industrial development is in the public interest. What about our life-support, such as clean air, soil and water? What happens when our sustenance for life is threatened by our industrial demands? A useful place to examine these questions is the public interest test contained within the Energy Resources Conservation Act and its interpretation along the Eastern Slopes of the Canadian Rocky Mountains. While this will remain a cursory examination, perhaps it will help fuel needed public discussion concerning the public interest.

The exploration for fossil fuels, together with their development and production, constitute prominent economic activities along the Eastern Slopes. Many people rely on these activities to earn money. Environmental awareness has been high for decades and has led to conflicts between conservation groups and industry on many occasions. With regard to the oil and gas extraction and production projects, a public hearing conducted by the Alberta Energy and Utilities Board (AEUB) is a common forum for the resolution of these disputes. For the ABUB, a resolution involves giving "... consideration to whether the project is in the public interest, having regard to the social and economic effects of the project and the effects of the project on the environment." This is referred to as the "public interest test" and is contained in the provincial Energy Resources Conservation Act. It is here, rather than environmental protection or protected areas legislation, where influential decisions concerning environmental matters are made along the Eastern Slopes. It is here...