Cross-border coal mine pollution in the Elk-Kootenai/y Watershed may soon have the attention and action it deserves.
A 2021 submission the ELC filed on behalf of Wildsight helped lead to a recent referral from Canada, the US and the Ktunaxa Nation to the International Joint Commission (IJC) to address transboundary water pollution in the Elk-Kootenai/y Watershed.
The ELC became involved in late 2020 when Wildsight came to us looking for a solution to deal with coal mine pollution in the Elk Valley that was causing serious damage to fish. On their behalf, the ELC prepared a submission to the Commissioner of the Environment and Sustainable Development and the Auditor General of Canada seeking an inquiry into Canada’s failure to control Elk Valley’s coal mine pollutions. In late April 2022, we followed up the submission with a letter to Canada’s Minister of Foreign Affairs and US Secretary of State requesting both governments refer coal mine issues in the region to the International Joint Commission.
In mid-May 2022, the International Joint Commission wrote an unprecedented letter to the US and Canadian governments indicating their concern and belief that this matter should come to them from both countries as a joint reference. This was followed up by a US State Department statement of support on an IJC Referral, after meeting with transboundary Indigenous groups. In March 2023, Prime Minister Trudeau and US President Biden announced that Canada and the US would reach an agreement by summer to reduce and mitigate the impacts of water pollution in the Elk-Kootenay watershed.
Since 2020, the ELC has provided legal supervision and over 500 hours of legal assistance from five Clinic students, four Articled students and one Coop student.
While there is much work left to be done, the ELC joins with other organizations in celebrating the announcement. As one student put it, “I was very skeptical that we’d get much or very timely action on this because the main hurdles were very political. And turns out I was very wrong! Goes to show you the power of community-powered efforts and underrated non-courtroom advocacy.”
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