Northern Gateway Supreme Court Decision, and Kinder Morgan Pipeline battles in British Columbia; NEB improvements promised

On January 13, the B.C. Supreme Court ruled that the B.C. government breached its duty to consult the Gitga’at and neighbouring First Nations on the Enbridge Northern Gateway pipeline. The decision is seen as a major victory for Coastal First Nations , effectively nullifying the federal government’s initial approval of Northern Gateway , and also providing a precedent protecting First Nations rights in the Trans Mountain pipeline hearings. “ First Nations win court challenge against B.C. over Enbridge pipeline”  includes a copy of the Court’s decision. The West Coast Environmental Law group provides a history of the Northern Gateway case, and its implications for the Kinder Morgan NEB review in Province Can’t Pass the Buck on Oil Pipelines: BC Supreme Court.

The B.C. government formally submitted its letter of opposition to the Kinder Morgan Trans Mountain Pipeline  to the National Energy Board on January 11 , citing the grounds of safety and the risks of an oil spill. Unifor has also consistently opposed the project, seeing it as a exporter of energy jobs, and a threat to its members in the fisheries industry. (Alberta submitted its letter of support on January 12 ).    Even U.S. Aboriginal tribes have filed complaints before the NEB regarding the threat of Kinder Morgan, according to a report in The Guardian . Read an overview of the arguments against KinderMorgan from EcoJustice  . The Tar Sands Reporting project of the National Observer, based in Vancouver, has compiled a series of articles documenting the NEB hearings and the many public protests.

The Kinder Morgan NEB hearings have developed as a symbol of the new Liberal government’s intention to live up to its campaign promises  to review the NEB process and restore transparency and evidence-based decision making in environmental assessments, according to DeSmog Blog.

The Report of the Commissioner of the Environment and Sustainable Development  was tabled in the House of Commons on January 26, and was strongly critical of the National Energy Board’s regulation of pipeline projects. (The CBC summary is here ) . In response, the government has promised additional climate tests and First Nations’ consultations for the Kinder Morgan Trans Mountain pipeline, Energy East pipeline, and Pacific NorthWest’s planned LNG export terminal in B.C., according to the Globe and Mail on January 25. (“Ottawa to mandate climate tests for proposed pipelines, LNG terminal ” )

 

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