Environmental lawyers ask court to quash Surrey coal transfer facility

The Federal Court heard Wednesday from environmental lawyers that are tryingto overturnthe Vancouver Port Authority's approval of acoal transfer facility on the Fraser River.

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The project would see fourmillion tonnesof thermal coal pass through the Lower Mainland every year.

The coal would be brought in from Wyoming, barged toa site onTexada Islands and then exported to Asia.

"We don't need to be shipping dirty coal through Canada," said Karen Campbell, a lawyer withEcojusticeCanada.

"We're not reaping the benefits. We'reactually suffering the health impacts, the community impacts, the environmental impactsand we're contributing to climate change by allowing this to happen," said Campbell.

The lawyers opposed to the project argue the port didn't have the lawful authority to approve the project when it didand allegeit was biased in doing so.

"There hadbeen examples of port executives actually indicating support for the project publiclybefore approval had been granted," said Campbell.

She also said the port's compensation scheme, "which will give incentives and bonuses based on project approvals," can inhibit itsability to make a fair decision.

The Vancouver Fraser Port Authority was unavailable for comment noting the project permit is under judicial review. Fraser Surrey Docks also a respondent has yet to respond to an interview request.

But in court documents,the Vancouver Fraser Port Authority argued"the permitdecisions were lawfully made, free from actual bias or the appearance of bias."

Fierce opposition

The project has faced fierce opposition since it was approved on August 2014.

Paula Williams, the founding director of Communities and Coal Society, lives in close proximity to the site and is concerned about the diesel exhaust from the coal trainsand from coal dust that may escape from open top rail cars.

"These train tracks run right past communities, schools, people's homes, hospitals, beaches that people frequent and the coal dust is bad for our respiratory system," said Williams.

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