The applicants sought leave to appeal the Director's decision to issue a Permit to Take Water to CRH Canada Group Inc. for aggregate washing at the Teedon Pit.
The Tribunal found that both applicants had standing.
Applying the leave test under section 41 of the Environmental Bill of Rights, the Tribunal concluded there was good reason to believe no reasonable person could have issued the Permit, given the failure to adequately apply the precautionary principle, preventive strategies, and sustainable development principles in light of scientific uncertainty regarding groundwater impacts.
The Tribunal also found the decision could result in significant environmental harm due to the potential for well contamination and flooding.
Leave to appeal was granted.