CNRL was fined $278K after hundreds of birds died in a tailings pond. Now it has launched an appeal
Canadian Natural Resources Ltd. was sanctioned last year by the Alberta Energy Regulator for not stopping the birds from nesting on an island that emerged from a pond at the Horizon oilsands mine, about 60 kilometres north of Fort McMurray.
Throughout the spring and summer of 2022, more than 400 California gulls died from exposure to the contaminated water.
CNRL was convicted of a single count under the Environmental Protection and Enhancement Act for failing to safely contain the hazardous substances that are found in their tailings ponds.
Six months since the fine was levied, the AER has now granted the Calgary-based company leave to appeal the sanction.
Critics say CNRL should take accountability for the environmental infractions.
'The wrong message'
"It sends the wrong message," said David Spink, an environmental consultant and former industry regulator with the Alberta government.
"There's no question that the birds died and there's no question that it was your facility that was responsible."
In a statement to CBC News, AER said the sanction is eligible for an appeal under the regulations laid out in the Responsible Energy Development Act but a hearing date has not yet been set. CNRL declined to comment, citing the pending review.
Spink, who once served as a director of air and water approvals for Alberta, said the fine is small price to pay for an oil and gas giant such as CNRL. The Calgary-based operator reported a net income of $8.2 billion in 2023.
The appeal demonstrates that CNRL is unwilling to answer for its infractions, he said.
"They may not be eager to accept this blemish on their environmental record," he said.
The contravention is among a string of mass bird deaths in the oilsands.
The high-profile landings prompted years of research and monitoring aimed at preventing flocks from dying in Alberta's expanse of tailings ponds.
The Athabasca oilsands are at the centre of a major migratory pathway for birds and protecting the species that fly over the region is a condition of licence for all oilsands producers.
A 'standard of perfection'
CNRL has previously denied its negligence in the 2022 bird deaths. At the time, the company argued that it should not be held to a "standard of perfection" in its efforts to protect the birds.
The regulator in turn, ruled that CNRL did not take reasonable steps to prevent the deaths by failing to destroy the island before it became a nesting site.
Colleen Cassady St. Clair, a University of Alberta biologist and expert in bird deaths in the oilsands, said CNRL should have known that islands in tailings ponds were attractive to birds and posed a risk to passing flocks.
St. Clair was the lead researcher of the Research on Avian Protection Project, a three-year study that examined how to better protect birds in Alberta's oilsands after 1,600 died at a Syncrude tailings pond in 2008.
She said the industrial hazards to birds have been well understood for decades.
"They had lots of warning," she said. "They don't have to be perfect, but they should be trying to absolutely minimize those mortalities.
"It's hard to see an argument that they couldn't have anticipated this problem."
The case dates back to the spring of 2022 when workers at the mine discovered birds on the island in an area known as Tar River Valley on the north side of the Horizon mine.
The island had taken shape the previous spring, at the centre of a tailings pond, due to receding waters and re-emerged the following year.
CNRL's photo of the island from their June 7, 2022, notification letter to the AER. Gulls on are visible on the water and on the island. (CNRL)
According to the CNRL's formal bird protection protocols, such islands should be destroyed to prevent birds from touching down. But the company failed to act in this case. They considered the island low risk as birds had initially shown no interest.
The small stretch of land soon became a nesting and hatching site for colonies of birds.
By May 21, 2022, CNRL workers counted a single Canada goose nest and 271 California gull nests along its beaches.
The company informed the regulator on June 7, more than two weeks later. By then, CNRL reported that it had installed bird deterrents on the island, including pyrotechnics and rockets.
But the hazing efforts were unsuccessful. Each day, the gulls would disperse and land again.
Photographs of an adult California gull (left) and juvenile California gull (right) from CNRL's 2019 Bird Protection Plan Report. (AER)
On July 12, CNRL reported that between 60 and 70 California gull chicks had been discovered on the island, covered in oil.
As the weeks went on, workers kept finding carcasses and gull chicks fouled with bitumen. Predators including wolves and coyotes passed through the shallow water to hunt on the island, feeding on the contaminated flocks and flushing more birds into the toxic waters.
The situation continued until Aug. 4, when the surviving chicks were old enough to fly away.
According to the regulator, 411 birds died before the island was finally destroyed that September.
Even a light oiling can threaten their survival, interfering with their ability to eat, fly and protect themselves from the elements.
Soiled birds can become trapped in the thick liquid, often drowning from the weight on their feathers.
The toxic slurry found in tailings can not only make the birds sick, it can also prove toxic to other wildlife which consume them.
'Evasion of responsibility'
The company argued that, due to the Migratory Bird Convention Act, there was little they could do once the nests were established.
St. Clair described that argument as "slippery" and said the findings of the AER investigation were clear.
"Many months of inaction is not consistent with an attitude of due diligence," she said.
It's hard to fathom why CNRL has launched an appeal and it will erode public confidence in the operator, she said.
"I think the public has some tolerance for mistakes, whether it's this industry or any other industry, and less tolerance for evasion of responsibility."
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


New York Post
38 minutes ago
- New York Post
Trump ‘really likes' TikTok— but admin warns Chinese ownership not acceptable as dead deadline looms
President Trump likes TikTok but the Chinese-owned short video app, used by some 170 million Americans, has to move to US ownership, Secretary of Commerce Howard Lutnick said on Sunday. 'The President really likes TikTok, and he said it over and over again, because, you know, it was a good way to communicate with young people,' Lutnick said in an interview on Fox News Sunday with Shannon Bream. 'But let's face it, you can't have the Chinese have an app on 100 million American phones, that is just not okay. So, it's got to move to American ownership, it's got to move to American technology, American algorithms,' he said. 'I know the President is positive towards TikTok, if it can move into American hands.' Advertisement 3 Commerce Secretary Howard Lutnick said Sunday that President Trump likes TikTok because 'it was a good way to communicate with young people.: FOX NEWS Lutnick's comments follow his warning last week that TikTok will have to stop operating in the U.S. if China does not approve a deal for the app. He told CNBC on Thursday that US must control the algorithm that makes the social media platform work. Advertisement TikTok parent ByteDance has a Sept. 17 deadline to divest the platform's US assets. Last month, President Trump extended by 90 days to Sept. 17, a deadline for China-based ByteDance to divest the US assets of TikTok. Trump's action took place despite a 2024 law that mandated a sale or shutdown by Jan. 19 of this year if there had not been significant progress. 3 President Trump has set a Sept. 17 deadline for Chinese firm ByteDance to divest TikTok's US assets. Getty Images 'China can have a little piece or ByteDance, the current owner, can keep a little piece. But basically, Americans will have control. Americans will own the technology, and Americans will control the algorithm,' Lutnick said. Advertisement 'If that deal gets approved, by the Chinese, then that deal will happen,' he added. 'If they don't approve it, then TikTok is going to go dark, and those decisions are coming very soon.' 3 A deal that was in the works this spring that would spin off TikTok's US operations into a new US-based firm stalled. Chidori_B – A deal had been in the works this spring that would spin off TikTok's US operations into a new US-based firm, majority-owned and operated by US investors. This stalled after China indicated it would not approve it following Trump's announcements of steep tariffs on Chinese goods. Trump has three times granted reprieves from federal enforcement of the law that mandated the sale or shutdown of TikTok that was supposed to take effect in January.


New York Post
3 hours ago
- New York Post
Why top NYC restaurants are bringing in famed chefs from around the world
Top New York City restaurants are increasingly turning to collaborations with renowned chefs from around the globe to boost business and stand out from high-end rivals, Side Dish has learned. The collabs, while not a new phenomenon, have taken on added importance as President Trump's tariffs create challenges for chefs to source some of their favorite ingredients. However, importing talent from all corners of the globe – which at popular Tribeca haunt l'abeille means bringing in chefs from England, France, Belgium, Japan, Hong Kong and Thailand – remains tax-free. 7 l'abeille in Tribeca is importing talent from all corners of the globe. Eric Vitale Photography 'Global residences help everyone grow and learn — from the guests to the staff. They keep the restaurant interesting,' said Howard Chang, co-owner of Kuma Hospitality Group's l'abeille with partners Rahul Saito and executive chef Mitsunobu Nagae. The dinners these top chefs serve up at ticketed events aren't cheap. At a recent, prix-fixe collab dinner at l'abeille, Nagae worked with London-based chef Chet Sharma, who studied physics at Oxford and now helms the standout Indian-themed restaurant BiBi in London's swanky Mayfair neighborhood. The meal cost $325, with an additional $295 for wine pairings. The exclusive events, however, often don't bring in more money than regular a la carte dinners, restaurateurs told Side Dish. That's because the higher prices are offset by the cost of flying in the foreign-based chefs, along with some of their team members, and putting them all up in hotels. 7 Chet Sharma, left, and Mitsunobu Nagae collaborated on a prix-fixe dinner. Eric Vitale Photography 7 The collabs, while not a new phenomenon, have taken on added importance as President Trump's tariffs create challenges for chefs to source some of their favorite ingredients. Eric Vitale Photography The upside, they say, is that global collabs raise the restaurants' profiles, bring in new diners and offer educational benefits for staff. On the Upper East Side, Sushi Noz's executive chef Nozomu Abe is bringing in Michelin-starred Chef Endo Kazutoshi, a third-generation sushi master who trained in Japan before opening his namesake restaurant, Endo, at the Rotunda in London. 7 At Sushi Noz on the Upper East Side, executive chef Nozomu Abe, left, is bringing in Michelin-starred Chef Endo Kazutoshi. Hannah Wyatt Last week, the pair offered a rare collaborative omakase where they presented their culinary visions through the use of local fish and other influences. 'We started the Japan series in 2019,' said Hannah Wyatt, Sushi Noz's operations manager. 'Our goal was to showcase top chefs from Japan through collaborative dinners with chef Noz, with a focus on sushi and kaiseki chefs at the top of their respective fields.' In Williamsburg, Brooklyn, the owners of Layla's began bringing in chefs during COVID and continue to have pop-ups for 'brand exposure.' 7 The dinners these top chefs serve up at ticketed events aren't cheap. Eric Vitale Photography 7 The exclusive events, however, often don't bring in more money than regular a la carte dinners, restaurateurs told Side Dish. Eric Vitale Photography The most recent international collab involved chef Kyle Garry and chef Whyte Rushen of Whyte's in London, who is now on a 'worldwide' tour. 'We did it once, and it was really successful and fun and now it's something we try to do as often as we can,' Samuel Lynch, one of Layla's co-owners along with Stefano D'Orsogna and David Lacey, told Side Dish. The trend has even extended to the Hamptons, where Mavericks Montauk will welcome the crew from Michelin-starred Parisian restaurant Contraste on July 31. 7 The upside, they say, is that global collabs raise the restaurants' profiles, bring in new diners and offer educational benefits for staff. Interior of l'abeille, above. Eric Vitale Photography The collaboration was made possible by the deep-rooted friendship between Mavericks' pastry chef Remy Ertaud and Contraste's Louis De Vicari. We hear … that celeb chef Scott Conant is opening a posh new Italian restaurant, Leola, in the Bahamas at Baha Mar this fall. Leola will be on the casino level of Grand Hyatt Baha Mar, joining hotspots including Jon Batiste's Jazz Club, Marcus Samuelsson's Marcus at Baha Mar Fish + Chop House, Daniel Boulud's Cafe Boulud, and Dario Cecchini's Carna. The 8,800 square foot space comes with 106 seats in the main dining room and 130 seats outside. 'Bringing Leola to life at Baha Mar is something I've dreamed about for a long time,' Conant said. 'I've always been inspired by the beauty and spirit of the Bahamas, and it felt like the perfect place to create a restaurant that's both personal and inviting. With Leola, we're blending the kind of food and hospitality I love—warm, soulful, and rooted in connection.' Conant will also participate in the Fourth Annual Bahamas Culinary & Arts Festival, which runs from Oct. 22-26.


Axios
3 hours ago
- Axios
Exclusive: Embedded tax startup April raises $38M
April, an embedded tax platform, has raised $38 million in a Series B round led by QED Investors, founder Ben Borodach tells Axios exclusively. Why it matters: Embedding tax tools directly into financial apps can improve financial decision-making and boost customer retention. Zoom in: Nyca Partners and Team8 also participated in the Series B round, bringing the total funding April has raised to date to $78 million. How it works: Fintech apps and financial institutions use April's APIs to integrate tax filing and planning directly into their platforms, enabling year-round, real-time tax management. April operates on a SaaS-based model, offering flat-rate pricing to fintech partners, who can choose to mark up services for their end customers. "Our vision is to embed tax in every financial decision," Borodach says. "Taxes should be happening where you're managing your money. They should be happening in real time, and they should be personalized to you." Context: New York-based April operates in a market dominated by legacy tax-preparation giants like Intuit, H&R Block, Thomson Reuters, and Wolters Kluwer. But it recently became the first new company in 15 years to achieve national e-file coverage in all 50 states, Borodach says. The company has also launched a series of new products over the past year, including pro-assisted and pro-led tax filing, quarterly estimate tools for small business owners, and paycheck withholding optimizers. As a result, it is seeing increased demand from wealth management platforms, including integrations with digital advisers catering to mass-affluent clients and an upcoming partnership with a trillion-dollar asset manager. By the numbers: April claims it can reduce the time it takes to prepare and file taxes from the IRS' reported 13‑hour average down to just 22 minutes. The company processed hundreds of thousands of returns through partnerships with over 50 fintech apps and financial institutions this past tax season. It has seen its business grow three times year-to-date and more than seven times over the past 12 months, Borodach says. What's next: The company is preparing to launch advanced tax planning tools around capital gains, retirement planning, and stock transactions.