zebedee files legal action against eisner cove wetland development project
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the mount hope development is seen in dartmouth on friday aug. 1, 2025.
tim krochak
/
the chronicle herald
dartmouth resident bill zebedee is taking his five-year fight against development at eisner cove wetland to court.
“yesterday, i took the regrettable step of filing a private prosecution case against mount hope development ltd.,” zebedee said at a friday news conference at the south end baptist church, across from his hastings drive home in the southdale area of dartmouth and just north of the 12-hectare wetland.
“i am compelled to take this action because, in my opinion, the minister of the department of environment and climate change and the department have not upheld their duties of enforcing the environment act,” zebedee said.
on behalf of the protect eisner cove wetland group, zebedee said he complained constantly to the provincial department since august 2023 about the pollution generated in the early stages of the development planned in the wetland area.
“here we are, nine complaints and almost two years later, still no fines or charges,” zebedee said.
zebedee said one of the department’s investigators, in their case notes, which he only received through a freedom of information request, said the watercourse was “inundated” with siltation.
bill zebedee, president of protect eisner cove wetland, announces he has filed a private prosecutive case against mount hope development at a news conference in dartmouth on friday, aug. 1, 2025.
tim krochak
/
the chronicle herald
“minister (tim) halman can’t use the argument he didn’t know anything about the threat of siltation,” zebedee said.
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“we warned him repeatedly that removal of the overburden – the rock, soil and tree stumps – would cause contaminants to enter the watercourse. we tried to tell him that the wetland would lose its ecological value, its flood protection, its ability to sequester greenhouse gases, and its suitability for wildlife habitat.
“he simply didn’t care.”
zebedee said halman in a letter claimed to understand the importance of urban wetlands and directed the developer to erect information plaques explaining the importance of wetlands.
but zebedee said halman and current municipal affairs minister john lohr, in a couple of swipes of a pen, took the eisner cove wetland ecosystem away.
zebedee said that before clayton developments decided eisner cove wetland would be a nice place to build, it was the largest pristine wetland in dartmouth. but that was also before lohr and the government decided to fast-track development.
“before all that happened, the waters at eisner cove wetland were described as a black cup of tea; now it looks like tea with milk in it,” zebedee said.
he said mount hope developments obtained approval for construction in 2023, an approval that is valid until jan. 31, 2026 and which came with strict restrictions.
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“for example, approval stated no contaminants were to be discharged in the wetland or beyond,” zebedee said. “the approval was clear. work at the site was only to take place when the erosion and sediment controls were functioning.”
the wetland is surrounded by a 43-hectare belt of old forest and the mount hope development project proposes an adjacent 45-hectare development with the aim of building 700 attainable housing units between the woodside industrial park and highway 111.
the wetland is home to a large number of deer, fox, coyotes, raccoons, nearly 40 species of birds and at least one bear, zebedee said.
the mount hope development is seen in dartmouth on friday, aug. 1, 2025. bill zebedee, president of protect eisner cove wetland, has announced he filed a private prosecutive case against mount hope development ltd. after long warning environment minister tim halman, and the developer, that removing the 50 acres of forest, and the associated overburden, that contaminants would enter the wetland.
tim krochak
/
the chronicle herald
zebedee said he discussed with lawyer jamie simpson whether to launch a suit against the government department but decided a better outcome was likely to be reached by suing the registered owners of the property.
“we’ve for a long time said that the development needs to stop,” zebedee said, but this case is about having the fines that actually should be levied come to fruition.
“we’d also like to see an independent expert who is agreed to by myself and the mount hope development partnership go into the wetland and determine how much damage has been caused by the siltation. we’d also like to see the wetland returned to its original state prior to the development.”
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zebedee said the company has already removed about 50 acres of woods and is about to go into the construction phase.
zebedee, simpson and hydrogeologist peter lund will meet with a dartmouth provincial court judge sept. 8 to determine if the complaint against the company will go forward in court.
zebedee said an organization of unidentified businesses that reached out to the protect eisner cove wetland group with a considerable amount of funding over the past three years will help offset legal costs.
zebedee said this legal action, along with past citizen and environmental group-led actions against the provincial government, proves that “this government doesn’t care what citizens have to say.”
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