Two Alberta First Nations have requested the federal authorities to look at whether or not a part of oilsands tailings pond water recognized to hurt fish and different animals must be classed as poisonous.
The transfer might drive a long-awaited human well being research into improvement impacts, carry the trade beneath new laws and have an effect on its potential to launch handled wastewater.
“There are large gaps in science on the human well being facet,” mentioned Bronwyn Roe, lawyer for the Athabasca Chipewyan First Nation, which makes use of lands adjoining to oilsands improvement. “If the ministers do that evaluation, they might create new laws.”
That First Nation’s request is supported by the Mikisew Cree.
“Below federal laws … fish have extra rights than people,” it wrote in a March 11 letter to federal Surroundings Minister Steven Guilbeault. “The federal government of Canada can’t await extra analysis to make this evaluation.”
The 2 nations are involved about naphthenic acids, present in tailings and different oilsands wastewater. Peer-reviewed analysis has discovered the advanced hydrocarbons are poisonous to fish, have an effect on hormone perform in people and different mammals, and could also be carcinogenic.
Oilsands producers are required to report releases of these chemical compounds. However allowable limits for his or her presence in floor or groundwater are tips, not laws.
In January, Surroundings and Local weather Change Canada and Well being Canada launched a report that concluded naphthenic acids shouldn’t be categorised as poisonous. Nevertheless, that report solely handled commercially produced variations, not these present in tailings.
“(Oilsands) naphthenic acids differ in supply, composition, properties and use in comparison with industrial naphthenic acids,” the report says.
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The First Nations are utilizing current modifications to the Canadian Environmental Safety Act to request Guilbeault evaluate that January discovering. A evaluate would come with analysis into the well being results of oilsands naphthenic acids each on their very own and along with different chemical compounds — a long-standing purpose of each the Athabasca Chipewyan and Mikisew.
“An enormous piece is that human well being research,” mentioned Roe. “They’ve been asking for that for years.
“They need higher research of the human well being impacts of oilsands operations, together with releases from tailings ponds.”
A ruling that naphthenic acids must be thought-about a toxin would additionally have an effect on laws governing the substances, Roe mentioned.
“As soon as the impression on human well being is healthier understood, I believe the federal government can be compelled to take motion to mitigate the human well being results and the environmental results.”
Roe notes the discovering might have an effect on plans to launch handled tailings pond water into the Athabasca River. Trade and the federal authorities are at present creating guidelines that might govern how water from these ponds might be handled and launched into the river.

These laws are anticipated in 2025. Roe mentioned classifying naphthenic acids as poisonous might have an effect on these plans.
“It will affect tailings pond administration,” she mentioned.
Kendall Dilling, president of the oilsands trade group Pathways Alliance, mentioned additional analysis on naphthenic acids is underway.
“We respect the leaders’ need to hunt info for the well being of their neighborhood,” he mentioned in an e mail. “We’ll proceed to co-operate with authorities ought to further analysis be superior in response to this request.”
A spokesman for Surroundings and Local weather Change Canada mentioned Guilbeault and Well being Minister Mark Holland are contemplating the request. The division is conducting additional research on naphthenic acids.
Oilsands tailings ponds now retailer about 1.4 trillion litres of water, or 1.4 cubic kilometres. Some proof suggests the water has already entered the setting.
A 2017 report from the environmental watchdog of the North American free commerce deal discovered “scientifically legitimate” proof that tailings have escaped the ponds, though not the oilsands leases. That discovering is echoed by current groundwater studies from trade.
That seepage might now be off lease.
Alberta’s Oilsands Monitoring Program reveals a typical proxy for oilsands residue at a sampling station within the Muskeg River started climbing drastically in March 2022 and was 18 instances larger than the 2021 common inside a 12 months.
Guilbeault and Holland have till June 7 to answer the First Nations’ requests.

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