Legal challenge of Delta port expansion thrown out

In what environmental groups are calling a setback, a legal challenge against a major port expansion on B.C.’s waterfront was thrown out by a federal judge.

The Western Canada Wilderness Committee is one of four groups behind the judiciary reviews into the Roberts Bank container terminal expansion, a project approved by both federal and provincial governments in 2023.

“Heartbroken, there’s no other way to describe it. I’m also terrified,” said Lucero Gonzales, the committee’s conservation and policy campaigner.

“The project is unlawful under the Species at Risk Act – our interpretation is that a project cannot be approved when it’s going to further endanger a species listed under that act.”

The new terminal is proposed to be built near the two existing marine shipping terminals at Roberts Bank in Delta.

The Fraser Port Authority says the expansion will increase the port’s capacity by 30 per cent, and bring in $3 billion of GDP.

However, the waters surrounding the port also serve as critical habitats for the southern resident killer whales.

“There’s only 72 individuals left in the wild, but this project also affects wild Pacific salmon, migratory birds like western sandpipers, and 100 more at-risk species,” Gonzales added.

The judgment concludes the project’s adverse environmental effects are justified in the circumstances.

While the Port of Vancouver says it will contribute $30 million for the recovery of Chinook salmon — a key food source for killer whales — conservationists say it sets a dangerous precedent.

“It’s really testing the limits on how much habitat destruction and species endangerment a project can get away with,” Gonzales explained.

Construction on the new terminal is set to start later this year, with completion slated for mid-2030.