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Trudeau gov’t to appeal federal court ruling that overturned ban on single-use plastics

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From LifeSiteNews

By Clare Marie Merkowsky 

‘Our government intends to appeal the Federal Court’s decision and we are exploring all options to continue leading the fight against plastic pollution,’ Environment Minister Steven Guilbeault announced

The Trudeau government is set to appeal the recent decision which ruled the plastics ban to be “unreasonable and unconstitutional.”

On November 20, Environment Minister Steven Guilbeault announced that the Liberal government under the leadership of Prime Minister Justin Trudeau will appeal the Federal Court’s ruling which overturned its ban on various plastics.

“Our government intends to appeal the Federal Court’s decision and we are exploring all options to continue leading the fight against plastic pollution,” Guilbeault said in a joint statement with Minister of Justice and Attorney General Arif Virani.

“We will continue working with provinces, territories, civil society, and industry to tackle this growing problem,” the statement continued.

Guilbeault’s comments come in response to a November 16 ruling by the Federal Court that determined that the Trudeau government overstepped its authority by classifying plastic as “toxic” and banning all single-use plastic items, like straws.

The decision came after a lawsuit filed a little over a year ago by Alberta and Saskatchewan. The ruling declared that listing all plastics on the List of Toxic Substances was too broad and “poses a threat to the balance of federalism as it does not restrict regulation to only those (plastics) that truly have the potential to cause harm to the environment.”

The court further reminded the Trudeau federal government of the autonomy of the provinces, saying, “Cooperative federalism recognizes that the provincial government and federal government are coordinate – the provinces are not subordinate to the federal government. A federal head of power cannot be given a scope that would eviscerate a provincial legislative competence.”

Essentially, the ruling overturned Trudeau’s 2022 law which outlawed manufacturing or importing plastic straws, cutlery, and checkout bags on the grounds of government claims that plastic was having a negative effect on the oceans. In reality, most plastic pollution in the oceans comes from a few countries, like India and China, which dump waste directly on beaches or rivers.

If not for the Federal Court’s ruling, the sale of these plastic products would have also been illegal by the end of this year.

“Canadians are rightly calling for action, because the rate of plastic pollution is unsustainable, threatening irreversible harm to the health of our natural world and humanity,” the memo claimed. “The accumulation of plastic pollution worldwide is nothing short of a crisis that has brought countries together to propose ambitious global solutions to this problem.

While Guilbeault claims to be responding to Canadians’ desire to reduce pollution, his statement, posted to X (formerly Twitter), has been received with ridicule from Canadians.

“Cope harder, Steven. Your air travel alone causes more pollution than plastic straws,” a Canadian Armed Forces combat veteran wrote.

“Hypocrites! Trudeau is responsible for the lions share of this [pollution],” another declared.

Another pointed out that banning plastics, such as plastic grocery bags may not actually reduce pollution, saying, “I think plastic bags are quite useful. I carry stuff home in them, then I am able to use them as garbage bags, saving me from buying bags to do so. Also, they stop us from needing to chop down trees to make paper bags. Now I have to buy Glad kitchen catcher garbage bags. How does this help the environment again?”

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Carbon tax costs Canadian economy billions

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From the Canadian Taxpayers Federation

Author: Franco Terrazzano 

This tax costs Canadians big time at the gas pump, on home heating bills, on the farm and at the dinner table.

The Canadian Taxpayers Federation is calling on the federal government to scrap the carbon tax in light of newly released government data showing the tax will cost the Canadian economy about $25 billion in 2030.

“Once again, we see the government’s own data showing what hardworking Canadians already know: the carbon tax costs Canada big time,” said Franco Terrazzano, CTF Federal Director. “The carbon tax makes the necessities of life more expensive and it will cost our economy billions of dollars.

“Prime Minister Justin Trudeau must scrap his carbon tax now.”

The government of Canada released modelling showing the cost of the carbon tax on the Canadian economy Thursday.

“The country’s GDP is expected to be about $25 billion lower in 2030 due to carbon pricing than it would be otherwise,”  reports the Globe and Mail.

Canada contributes about 1.5 per cent of global emissions.

Government data shows emissions are going up in Canada. In 2022, the latest year of data, emissions in Canada were 708 megatonnes of CO2, an increase of 9.3 megatonnes from 2021.

The federal carbon tax currently costs 17 cents per litre of gasoline, 21 cents per litre of diesel and 15 cents per cubic metre of natural gas.

The carbon tax adds about $13 to the cost of filling up a minivan, about $20 to the cost of filling up a pickup truck and about $200 to the cost of filling up a big rig truck with diesel.

Farmers are charged the carbon tax for heating their barns and drying grains with natural gas and propane. The carbon tax will cost Canadian farmers $1 billion by 2030, according to the Parliamentary Budget Officer.

“No matter how many times this government tries to put lipstick on the carbon tax pig, the reality is clear,” said Kris Sims, CTF Alberta Director. “This tax costs Canadians big time at the gas pump, on home heating bills, on the farm and at the dinner table. Trudeau should make life more affordable and improve the Canadian economy by scrapping his carbon tax.”

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New York and Vermont Seek to Impose a Retroactive Climate Tax

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From Heartland Daily News

By Joshua Loucks for the Cato Institute.

Energy producers will be subject to retroactive taxes in New York if the state assembly passes Senate Bill S2129A, known as the “Climate Change Superfund Act.” The superfund legislation seeks to impose a retroactive tax on energy companies that have emitted greenhouse gases (GHGs) and operated within the state over the last seventy years.

If passed, the new law will impose $75 billion in repayment fees for “historical polluters,” who lawmakers assert are primarily responsible for climate change damages within the state. The state will “assign liability to and require compensation from companies commensurate with their emissions” over the last “70 years or more.” The bill would establish a standard of strict liability, stating that “companies are required to pay into the fund because the use of their products caused the pollution. No finding of wrongdoing is required.”

New York is not alone in this effort. Superfunds built on retroactive taxes on GHG emissions are becoming increasingly popular. Vermont recently enacted similar legislation, S.259 (Act 122), titled the “Climate Superfund Act,” in which the state also retroactively taxes energy producers for historic emissions. Similar bills have also been introduced in Maryland and Massachusetts.

Climate superfund legislation seems to have one purpose: to raise revenue by taxing a politically unpopular industry. Under the New York law, fossil fuel‐​producing energy companies would be taxed billions of dollars retroactively for engaging in legal and necessary behavior. For example, the seventy‐​year retroactive tax would conceivably apply to any company—going back to 1954—that used fossil fuels to generate electricity or produced fuel for New York drivers.

The typical “economic efficiency” arguments for taxing an externality go out the window with the New York and Vermont approach, for at least two reasons. First, the goal of a blackboard or textbook approach to a carbon tax is to internalize the GHG externality. To apply such a tax accurately, the government would need to calculate the social cost of carbon (SCC).

Unfortunately, estimating the SCC is methodologically complex and open to wide ranges of estimates. As a result, the SCC is theoretically very useful but practically impossible to calculate with any reasonable degree of precision.

Second, the retroactive nature of these climate superfunds undermines the very incentives a textbook tax on externalities  would promote. A carbon tax’s central feature is that it is intended to reduce externalities from current and future activity by changing incentives. However, by imposing retroactive taxes, the New York and Vermont legislation will not impact emitters’ future behavior in a way that mimics a textbook carbon tax or improves economic outcomes.

Arbitrary and retroactive taxes can, however, raise prices for consumers by increasing policy uncertainty, affecting firm profitability, and reducing investment (or causing investors to flee GHG‐​emitting industries in the state altogether). Residents in both New York and Vermont already pay over 30 percent more than the US average in residential electricity prices, and this legislation will not lower these costs to consumers.

Climate superfunds are not a serious attempt to solve environmental challenges but rather a way to raise government revenue while unfairly punishing an entire industry (one whose actions the New York legislation claims “have been unconscionable, closely reflecting the strategy of denial, deflection, and delay used by the tobacco industry”).

Fossil fuel companies enabled GHG emissions, of course, but they also empowered significant growth, mobility, and prosperity. The punitive nature of the policy is laid bare by the fact that neither New York nor Vermont used a generic SCC or an evidentiary proceeding to calculate precise damages.

Finally, establishing a standard in which “no finding of wrongdoing is required” to levy fines against historical actions that were (and still are) legally permitted sets a dangerous precedent for what governments can do, not only to businesses that have produced fossil fuels but also to individuals who have consumed them.

Cato research associate Joshua Loucks contributed to this post.

Originally published by the Cato Institute. Republished with permission under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

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