Kitimat Unifor local 2301 has succeeded in forcing the Environmental Assessment Board (EAB) to take responsibility for investigating the impact of plans for a dramatic increase of sulphur dioxide (SO2) at the Rio Tinto smelter in Kitimat. The BC Supreme Court has sided with Unifor in a judicial review involving the Ministry of Environment's approval of the smelter's expansion without a SO2 "scrubber".

A news release from Unifor 2301 goes on to say:

The project will increase SO2 emissions from 27 tonnes per day to 42 tonnes per day.

"Expanding the smelter without a scrubber is a terrible health risk to my community," said Sean O'Driscoll, Unifor Local 2301 President. "We're very pleased that Rio Tinto's proposal will have to go through an environmental assessment. It's a shame that it takes a Supreme Court Judge to force the BC Liberal government to do the right thing."

The decision to approve the smelter expansion without scrubbers will now be sent back to the EAB.

Airborne sulphur dioxide is a well-known cause of respiratory ailments. Excessive SO2 levels in Kitimat are likely already impacting human health. In July 2012 a Community Health Synopsis study published by Northern Health concluded that the incidence of death from bronchitis, emphysema, and asthma is 60 per cent higher in Kitimat than the British Columbian average. Expert evidence known to the Minister of the Environment reveals that increased SO2 can cause serious health problems, including fatal respiratory failure.

In the decision, BC Supreme Court Justice W.F. Ehrcke wrote that it was unreasonable for the EAB to conclude that Unifor’s appeal must be rejected on the ground that the 2014 Letter of Approval to Rio Tinto was not an appealable decision within the meaning of the Act.

Other challenges to the emissions of sulphur dioxide from the Rio Tinto smelter are continuing.