The Burns Bog Conservation Society is suing the federal government over the South Fraser Perimeter Road.

On Wednesday, president Eliza Olson delivered a statement of claim to the Federal Court office in Vancouver alleging Ottawa violated a conservation covenant to protect Burns Bog.

"The construction of the South Fraser Perimeter Road will have a significant impact to the health and well being of residents, plants and animals alike," said Olson.

"Our governments have failed to conduct a thorough and credible analysis of the environmental impact of paving a highway through Burns Bog, over valuable farmland, and along the Fraser River."

Saying the society is not opposed to the SFPR, only that it's in the wrong place, Olson told the Optimist the suit seeks general and punitive damages. As far as the dollar amount, Olson would only note that it's in excess of $50,000.

Noting a proposed highway to run through the City of Vancouver was blocked years ago, thus the society's legal action isn't exactly precedent setting, Olson said they'd like to sit down and discuss alternatives with federal officials.

The society, using a grant from West Coast Environmental Law, hired Vancouver lawyer Jay Straith.

"The governments have failed to honour their commitment to protect Burns Bog under a conservation covenant and management plan signed by the governments of Canada and British Columbia, the City of Vancouver and the Corporation of Delta," said Straith.

Further, the federal government has violated public trust, and ignored their fiduciary duty to protect the environment, by carrying out the development of the South Fraser Perimeter Road, said Straith.

The Burns Bog Conservation Society obtained an opinion from West Coast Environmental Law last year that concluded the Corporation of Delta had the right to invoke a dispute resolution process contained in an agreement between the four purchasing partners -- federal, provincial, regional and municipal governments -- of the environmentally sensitive Burns Bog.

The society and others had been demanding Delta council invoke the dispute resolution, citing concerns the highway's proximity to the wetlands will impact the bog's delicate hydrology.

Delta council obtained its own legal opinion from Davis LLP, which noted neither the conservation covenant nor the related agreements apply to activities outside the bog.

Delta CAO George Harvie told council the municipality's legal opinion also pointed out the only party that has the authority to invoke the dispute resolution is the federal government.

A recent report to council notes a monitoring plan has been implemented that will assess the effectiveness of the mitigation measures. Monitoring to date has not shown impacts related to SFPR work, according to the report.

To be completed by the end of 2013, the $1 billion, four-lane, 40-kilometre highway will extend northeast of the Highway 17/Deltaport Way intersection, through Delta and Surrey, with connections to highways 1, 91 and 99 and the Golden Ears Bridge.