Absence of BAPE for Northvolt: the Superior Court will hear the CQDE

Three citizens. In addition, the Quebec Environmental Law Center (CQDE) who challenged regulatory changes having had the effect of dismissing the holding of an environmental hearing office examination (BAPE) for the Northvolt factory project, in Montérégie, can be heard on the merits, according to a judgment rendered Thursday by the Superior Court of Quebec.

Citizens. For example, CQDE had arrested the courts to challenge the regulatory changes made by the Legault government before the announcement of the Northvolt project.

The regulations relating to the evaluation. Consequently, examination of the impacts on the environment of certain projects had indeed been modified in July 2023 by Quebec, which had enabled the first phase of the Northvolt project to escape an examination of BAPE.

Before July 2023. For example, the regulations stipulated that the battery assembly factories whose maximum annual production capacity would be equal to or greater than 30 GWh should be subject to the procedure of BAPE.

However. the government had withdrawn the references to an annual production threshold in a modified version of paragraph 39 of the Environmental Impact Regulations on the environment of various projects.

In addition. these regulations had been modified to avoid an assessment of the BAPE Battery factories that produce 60,000 metric tonnes or less.

However, the planned production capacity of the Northvolt factory would be 56,000 metric tonnes.

Conflict of interest? – Absence bape northvolt: superior court

The judgment which is made today confirms that we can go as far as the bottom of this important question of the modification of the regulationcommented Marc Bishai. lawyer for the CQDEafter the judgment.

The CQDE And the applicants allege that these changes to the regulations were part of A context of massive government investments in Norhtvolt. creating an apparent conflict of interest.

They also allege that these changes have been made To accommodate Northvoltthat they were preceded by public statements favorable to the project . that the changes have made the subject of internal political pressures on civil servants.

The CQDE And the three citizens will be able to assert these arguments in an audience on the merits. in 2026 or in 2027, according to the CQDE.

We are relieved. This important part of the file goes beyond the Northvolt project. What is at absence bape northvolt: superior court stake is the role of the Government of Quebec. the Ministry of the Environment in the respect and application of our laws and regulationswrote Geneviève Paul, director general of CQDEafter the judgment.

We hope that the courts clarify what our decision -makers must do. not, so that the rules are well understood in all similar situations in the future. This is all the more important in a context of perspective in terms of public participation in environmental decisionsshe added.