The applicant sought judicial review of a decision by the Environmental Review Tribunal granting several respondents leave to appeal the Ministry of the Environment's issuance of Certificates of Approval for the use of alternative fuels, including tires, at a cement plant.
The Divisional Court held that the Tribunal's decision to grant leave was reasonable.
The Tribunal correctly interpreted the test for leave under s. 41 of the Environmental Bill of Rights as requiring a standard of proof lower than a balance of probabilities.
Furthermore, it was reasonable for the Tribunal to conclude that the Ministry Directors should have considered the Statement of Environmental Values, common law rights, and environmental consistency, and that the project could result in significant harm to the environment.
The application for judicial review was dismissed.
