Boston College International and Comparative Law Review Volume 29 | Issue 2 Article 2 5-1-2006 O Canada!: The tS ory of Rafferty, Oldman, and the Great Whale Oliver A. Houck Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Environmental Law Commons, and the Water Law Commons Recommended Citation Oliver A. Houck, O Canada!: The Story of Rafferty, Oldman, and the Great Whale, 29 B.C. Int'l & Comp. L. Rev. 175 (2006), http://lawdigitalcommons.bc.edu/iclr/vol29/iss2/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. O CANADA!: THE STORY OF RAFFERTY, OLDMAN, AND THE GREAT WHALE Oliver A. Houck* Abstract: In the late twentieth century, environmental policy swept the world, and among its primary instruments were processes for evaluating the adverse impacts of proposed actions. In all countries these processes quickly came into conºict with established bureaucracies, none more powerful and resistant to change than those in charge of water resources development. They also conºicted, in many cases, with established ideas of governance, right down to principles of federalism, judicial review, and the separation of powers. So it was in Canada, where in the late l980s three water resources development schemes, each one more enormous, initiated the commonwealth’s approach to environmental impact assess- ment and challenged the ability of the national government to protect environmental values at all.