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Metro Vancouver declines to appeal Houweling greenhouse ruling

By Charlie Smith,

Metro Vancouver will not seek judicial review of  an Environmental Appeal Board decision concerning  Houweling Nurseries Ltd.

In a letter to Delta council--which is part of tomorrow's council agenda--Metro Vancouver chief administrative officer Johnny Carline stated that the regional government will not follow  through on a request from Delta council.

Last January, the Environmental Appeal Board ruled that Metro Vancouver does not have jurisdiction to regulate air emissions from wood-fired heaters used in agricultural operations.

Delta mayor Lois Jackson, who also chairs Metro Vancouver, wrote a letter to the regional government seeking a judicial review.

"The matter has been discussed with our external legal counsel and staff has decided not to undertake a judicial review of the Houweling decision, at this time," Carline  replied in his letter.

He noted that Metro Vancouver is already seeking judicial review of a 2007  Environmental Appeal Board decision concerning the Darvonda greenhouse in Langley.

Carline suggested in his letter  that adding Houweling Nurseries  to the case would increase the complexity and lengthen the process.

He added that a favourable ruling in the Darvonda  judicial-review application  would likely result in the quashing of the Environmental Appeal Board decision involving Houweling Nurseries. If the Darvonda appeal failed, then Metro Vancouver could then seek a judicial review on the Houweling ruling.

Carline also wrote that Metro Vancouver staff have started working on creating a bylaw concerning air emissions from heaters and boilers in the region. This was something that Jackson had  also requested in her letter.

For more on the controversy involving greenhouses and air quality:

GVRD charges Langley greenhouses
Greenhouse-grower lobby stymies GVRD
Regional greenhouse battle resumes

 
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