VANCOUVER - Two British Columbia environmental groups have lost their bid to stem the flow of surface water for use in fracking operations.
The Western Canada Wilderness Committee and the Sierra Club filed a lawsuit last year against the B.C. Oil and Gas Commission and energy company EnCana Corp. (TSX:ECA), seeking a court declaration that short-term water approvals by the commission violated the provincial Water Act.
But B.C. Supreme Court Justice Shelley Fitzpatrick has dismissed the petition.
In a ruling posted on the court's website this week, Fitzpatrick says there is no prohibition under provincial rules against granting repeat short-term approvals for surface water use.
She notes that the commission and the provincial Forests, Lands and Natural Resources Operations ministry have significant expertise in managing the many environmental, economic and social interests involved.
Though she dismissed their application, Fitzpatrick did find the environmental groups had raised an important public issue and did not order them to pay the defendants' costs.