The U.S. and Mexico appear to have joined Canada in its fight to prevent a North American Free Trade Agreement (NAFTA) investigation of the more than 176 square kilometres of tailings ponds holding waste from the Alberta oilsands near Fort McMurray.
In 2010 a group of citizens and environmental groups petitioned NAFTA’s Commission on Environmental Cooperation to investigate whether Canada is breaking its own federal laws, in particular the Fisheries Act, by failing to adequately manage the massive tailings ponds which hold a toxic mixture of water, silt and chemicals.
“It was important for us to know whether this was happening and whether environmental laws were being broken and whether the government is upholding those laws or ignoring them,” Dale Marshall from Environmental Defence, one of the organizations behind the compliant, said.
A 2012 federal study confirmed the tailings ponds are seeping waste into the local environment and Athabasca River. In 2013 an internal memo prepared for then Natural Resources Minister Joe Oliver confirmed groundwater toxins related to bitumen extraction and processing are migrating from the tailings ponds.