Decision Date: May 21, 1996

Panel: Judith Lee, Elizabeth Keay, Bob Radloff

Keywords: Waste Management Act – s. 29, Waste Discharge Permit; irreparable harm

This is an appeal by Louisiana-Pacific and by the Peace Country Environmental Protection Association of a decision (“the decision”) of the Deputy Director of Waste Management amending Louisiana-Pacific’s permit by requiring the Regional Manager to ensure heightened air emissions monitoring of Louisiana-Pacific’s Dawson Creek plant. Louisiana-Pacific applied for a stay of the decision pending the appeal submitting that compliance would duplicate other studies and cost more than $500,000, and that without evidence of harm, monitoring was not urgently needed. The Association opposed the stay submitting that the decision affected the Regional Manager, not Louisiana-Pacific, and that the lack of evidence linking emissions to local health problems resulted from data insufficiencies. The Deputy Director took no position on a stay.

After considering the evidence, the Board held that Louisiana-Pacific would suffer irreparable harm if it made expenditures of over $500,000 and won the appeal. The Board held that there was no evidence that local residents or the environment would suffer irreparable harm if the stay were granted. On balance, local citizens would be less inconvenienced by staying increased monitoring requirements than Louisiana-Pacific might be by the expenditures. The Board granted a stay of the decision pending the appeal.