Bilcon seeks damages

A New Jersey-based company called Bilcon had plans to build a quarry on Digby Neck. This is a gorgeous, environmentally sensitive spot: a narrow arm of basalt sticking out into an ocean that is home to sensitive whale populations and a healthy lobster fishery.

The quarry would have seen tons of basalt ripped out of the ground and sent to the US for use in building roads. All-in-all, a Class A project when it comes to environmental benefits.

After much lobbying, those opposed to the quarry were able to convince the powers that be that the project merited a full panel review -- the most in-depth level of environmental assessment. The review ruled that the quarry should not proceed.

Now Bilcon is seeking $188 million in compensation for this "regulatory failure."

As Jim Meek writes in the Halifax Chronicle-Herald:

Mr. Appleton, a veteran international trade litigator who has written books on NAFTA, said Monday that the "wheels fell off" this regulatory process.

The Fournier panel "included novel, non-scientific criteria" in its decision, Mr. Appleton said.

"They used this concept of community core values, which they had no authority to invoke. Bilcon was never informed of these community core value criteria so it could address them."

Imagine! Looking at community values! Ludicrous.

I just hope my kids don't hear about this litigation. What about the time last summer they asked me for ice cream? And I said we might get some? But using the non-scientific criteria that it was getting too close to dinner time, I wound up saying no. Their expectations were shattered. I should have compensated them with brownies -- or maybe an increase in allowance -- instead.