First Nations, environmentalists file court challenges to Trans Mountain pipeline

orcas against Vancouver skylineOn June 18, as described in an earlier  WCR post, Government gives the go- ahead to Trans Mountain pipeline despite declaring a climate emergency.   By July 8, two court challenges have been filed against the decision.  Six First Nations, led by the Tsleil-Waututh Nation , filed a court challenge on the grounds that the federal government failed in the requirement to adequately consult them.  More details are described in  First Nations launch new court challenge to Trans Mountain pipeline at the CBC (July 9), and  First Nations renew court battle to stop Trudeau and Trans Mountain   in the National Observer.

Another separate appeal was also filed on July 8 by EcoJustice on behalf of Raincoast Conservation Foundation and Living Oceans Society, on grounds that the government decision doesn’t comply with the responsibility to protect endangered southern resident killer whales, whose survival would be threatened by increased tanker traffic. CBC reports here,  the National Observer also reports  in “Conservationists file legal challenge to Trans Mountain reapproval over whales.” 

Government gives the go- ahead to Trans Mountain pipeline despite declaring a climate emergency

climate emergencyOn June 18, in a controversial but expected move, the federal cabinet approved the expansion of the Trans Mountain pipeline, which would triple the capacity of the existing pipeline, and allow up to 890,000 barrels per day of bitumen to travel from the Alberta oil sands to a marine terminal in Burnaby, British Columbia.  The approval was described by The Energy Mix as “the height of cynicism” because the House of Commons had only 24 hours previously approved a government resolution declaring a climate emergency.  Although the government put on a positive face by predicting that “shovels will be in the ground” by September, the project still has to satisfy conditions set out by the National Energy Board,  including negotiated approval from First Nations.  As described in  “Why we’ll be talking about the Trans Mountain pipeline for a long while yet” in The Narwhal: “The embattled oilsands pipeline has become a proxy battle, pitting the urgency of the climate crisis against near-term economic concerns”.

A sampling of  Reaction and Analysis:

An Angus Reid poll, Shovels in the Ground was released on June 21.  It reports that 56% of Canadians agree with the government’s  approval of  TMX, compared with 24% who disagree. The primary concerns for Canadians, both those who support and oppose the TMX, are the possibility of a tanker spill due to increased traffic in the Burrard Inlet (68%) and the increased burning of fossil fuels from pipeline expansion (66%).

Canada approves Trans Mountain pipeline expansion for second time”  in the National Observer (June 18).  This general overview of the decision is part of the ongoing Special Report on Trans Mountain by the National Observer.

Trans Mountain approval makes mockery of climate emergency declaration” press release from the Council of Canadians.

“Cognitive Dissonance: Canada declares a national climate emergency and approves a pipeline” by Warren Mabee of Queen’s University  in The Conversation (June 20).

“Trudeau Declared a Climate Crisis, then Backed Trans Mountain Again” in The Tyee (June 18), which summarizes reactions from British Columbia, and states that B.C. will  take its case to the Supreme Court of Canada as it seeks the legal right to regulate the shipment of materials (including oil and gas)  within the province.

“Transmountain  pipeline approval triggers lawsuits leaves fossils unsatisfied”    in The Energy Mix (June 19).

“Business leaders welcome pipeline approval but fear it may not be completed”  in The National Observer. The article states:  “Mark Scholz, CEO of the Canadian Association of Oilwell Drilling Contractors, who said in a statement the pipeline approval is “trivial” and will do little to help a suffering western Canadian drilling sector. Approval doesn’t make up for the federal government’s pursuit of Bills C-69 and C-48, bills reviled by the industry to revamp the regulatory system for resource projects and impose an oil tanker ban on the B.C. coast, he said.”

Minister Morneau in Calgary to talk about the Trans Mountain Expansion project and the future of Canada’s Energy Sector “ (June 19)  a press release that lays out  the government’s best case for Albertans, and states that: “Every dollar the federal government earns from the project will be invested in Canada’s clean energy transition. The Department of Finance estimates that additional corporate tax revenues could be around $500 million per year once the project is online. These funds and any profits earned from the sale of the pipeline will be invested in the clean energy projects that power our homes, businesses and communities for years to come.”

billion-dollar-buyout LaxerA substantial analysis from a different viewpoint, Billion Dollar Buyout: How Canadian taxpayers bought a climate-killing pipeline  was just published by the Council of Canadians. Written by Gordon Laxer, professor emeritus at the University of Alberta, the report summarizes the long history of the Trans Mountain project, with a special interest in how it fits in to the United States Mexico Canada trade agreement (USMCA) and the energy goal of integrating Canadian oil and natural gas into the U.S. market.  Laxer also authored an OpEd in the Toronto Star on June 12, Don’t waste any more money on the Trans Mountain pipeline  .

Not all First Nations Oppose the Trans Mountain pipeline:  The National Observer summarizes First Nations opposition in “As Trans Mountain gets shovels ready for pipeline, First Nations vow to protect territory” (June 19), which  states that the Tsleil-Waututh Nation and Squamish Nation will use “all legal tools” available to challenge the TMX approval.  The Tsleil-Waututh Nation has commissioned an independent environmental assessment and an economic study which estimates that TMX expansion will cost Canada $11.8 billion, in addition to the environmental costs. It also predicts lower demand than the government has anticipated and unused capacity. The 127-page economic study, Public Interest Evaluation of the Trans Mountain Expansion Project is dated June 2019 and was written by Thomas Gunton, a professor at the  School of Resource and Environmental Management at  Simon Fraser University, and by Chris Joseph, a B.C. consultant.

Project Reconciliation  is an Indigenous-led coalition which aims to buy part of the pipeline and direct any profits to a Sovereign Wealth and Reconciliation Fund.  Their press release on June 18 applauds the government’s TMX decision.  A January 2019 article by CBC gives background on the group.  The Indian Resource Council is another group, composed of 134 First Nations bands most of whom are also interested in the economic benefits of  pipelines. CBC describes their meeting in  “More than 100 First Nations could purchase the Trans Mountain expansion pipeline” (Jan. 2019).  More recently, in June, the Iron Coalition  launched – “an Alberta-based Indigenous-driven organization with the sole purpose of achieving ownership in the Trans Mountain Pipeline (TMX).”  Iron Coalition leaders are from the Nakota Sioux Nation, the Papaschase First Nation and the Fort McKay Métis, and state that “all profits generated by Iron Coalition will be directed back to each member community to bring lasting economic benefit to Métis and First Nations in Alberta.”

 

The potential of worker ownership to finance Just Transition – and other inspiring Canadian examples

briarpatch special issueSaskatchewan’s Briarpatch magazine has published a Special Issue on Just Transition. It is a treasure trove of inspiring on-the-ground perspectives and information from Canadians working for an economic  Just Transition. 

All the articles are worth reading, but here are some highlights:

How will we pay for a Just Transition”   expresses doubt that we can rely on the usual government policies to finance meaningful transition – for example, it reviews the One Million Climate Jobs campaign of the Green Economy Network and the inadequate response by the Trudeau government.  Instead, the article provides examples of more innovative models of worker ownership and cooperation which support redistribution of wealth and financial capital. First,  The Working World, which launched in 2015 in Buenos Aires to finance employee ownership of non-extractive businesses, and now administers a “financial commons” Peer Network .  The Working World has inspired other projects, such as the Just Transition Loan Fund and Incubator and the Reinvest in Our Power projects , being launched by the U.S. Climate Justice Alliance . The article discusses the role of philanthropy, specifically the U.S. Chorus Foundation, which states that it “works for a just transition to a regenerative economy in the United States.” In Canada, a much smaller similar philanthropic initiative is the Resource Movement,  a project of Tides Canada, which gathers “ young people with wealth and class privilege working towards the equitable distribution of wealth, land and power.” 

Other articles:

NEB rules that Trans Mountain pipeline is in public interest, despite marine dangers and ignoring climate impacts

NEB reconsideration reportIn headline news on February 22,  Canada’s National Energy Board released the Report of its Reconsideration process (here in French), and for the second time, approved construction of the Trans Mountain Pipeline.  The NEB states: “…Project-related marine shipping is likely to cause significant adverse environmental effects on the Southern resident killer whale and on Indigenous cultural use associated with the Southern resident killer whale. The NEB also found that greenhouse gas emissions from Project-related marine vessels would likely be significant. While a credible worst-case spill from the Project or a Project-related marine vessel is not likely, if it were to occur the environmental effects would be significant. While these effects weighed heavily in the NEB’s consideration of Project-related marine shipping, the NEB recommends that the Government of Canada find that they can be justified in the circumstances, in light of the considerable benefits of the Project and measures to minimize the effects.”

The decision was expected, and reaction was immediate:  From The Energy MixNEB Sidesteps ‘Significant’ Impacts, Recommends Trans Mountain Pipeline Approval”  , which summarizes reaction;  from the National Observer in  “For a second time, NEB recommends approval of Trans Mountain pipeline expansion” (Feb. 22)  and  “NEB ruling sparks new vows to stop the Trans Mountain pipeline”.  An Opinion piece by Andrew Nikoforuk in The Tyee  is titled, “NEB ‘Reconsideration Report’ a New Low for Failing Agency” and from the Council of Canadians, “The fight to #StopTMX Continues as feds approve their own pipeline” .  From British Columbia, where the government has appeared as an intervenor against the pipeline , the Sierra Club reaction is here ; the Dogwood Institute pledged opposition (including a rally against the decision in Vancouver)  and pledged to  make the Trans Mountain project a major part of the federal election scheduled for Fall 2019;  and West Coast Environmental Law press release   also pledged continued opposition.  Albertans see it differently, with Premier Rachel Notley releasing a statement which sees the decision as progress, but not enough to be a victory, and states: “We believe these recommendations and conditions are sound, achievable, and will improve marine safety for all shipping, not just for the one additional tanker a day that results from Trans-Mountain.” It is important to note that not all Albertans are pro-pipeline: Climate Justice Edmonton is protesting with a  “People on the Path” installation along the route, and Extinction Rebellion Edmonton  actively protests fossil fuel development.

Meaningful Indigenous consultation still needed :  The NEB Reconsideration process was triggered by an August 2018 decision of the Federal Court of Appeal, which ordered the NEB to re-examine especially the potential impacts of marine shipping on marine life, and the potential damages of an oil spill. The Reconsideration report has resulted in 16 new recommendations on those issues, along with the existing 156 conditions.   Although the final decision on the project rests with Cabinet, the issue of meaningful Indigenous consultation is still outstanding from the order of the Court of Appeal.  According to the CBC, “Ottawa has met already with three-quarters of Indigenous communities during Trans Mountain consultation reboot” as of Feb. 20, but also according to the CBC, the Union of B.C. Indian Chiefs says “We still say no to the project. tiny house warriorsEven if one nation, one community says no, that project is not happening”  . And the Tiny House Warriors  continue to occupy buildings along the pipeline path, to assert their authority over the land.

Canada ignores GHG impacts while Australia rules against a coal mine on GHG grounds….  A motion was brought by the environmental group Stand.earth, demanding that the NEB reconsideration of Trans Mountain include consideration of its upstream and downstream greenhouse gas emissions, as had been done in the Energy East consultation. Stand.earth stated: “The board cannot possibly fulfill its mandate of determining whether the project is in the public interest without considering whether the project is reconcilable with Canada’s international obligations to substantially reduce GHG emissions.” An article in the National Observer,   “IPCC authors urge NEB to consider climate impacts of Trans Mountain pipeline expansion” summarizes the situation and quotes Tzeporah Berman, international program director at Stand.earth, as well as Marc Jaccard and Kirsten Zickfeld, two professors from Simon Fraser University.  On February 19, the National Energy Board ruled on the Stand.earth motion, refusing to expand the scope of their reconsideration. Council of Canadians reacted with  “NEB climate denial another Trudeau broken promise”  .

It is doubly disappointing that Canada’s National Energy Board declined to include climate change impacts in its assessment, in the same month that the Land & Environment Court of New South Wales, Australia upheld the government’s previous denial of a permit for an open cut coal mine.   According to a report in The Guardian,     the decision explicitly cited the project’s potential impact on climate change, writing that an open-cut coalmine in the Gloucester Valley “would be in the wrong place at the wrong time.… Wrong time because the GHG [greenhouse gas] emissions of the coal mine and its coal product will increase global total concentrations of GHGs at a time when what is now urgently needed, in order to meet generally agreed climate targets, is a rapid and deep decrease in GHG emissions.”  The decision was also covered in: “Court rules out Hunter Valley coal mine on climate change grounds” (Feb. 8) in the Sydney Morning Herald, and from the  Law Blog of Columbia University: “Big Climate Win Down Under: Australian Court Blocks Coal Mine Citing Negative Impacts of Greenhouse Gas Emissions”.

Review of Alberta’s Climate Leadership Plan and carbon levy; updates on renewables and methane regulations

env defence carbon-pricing-alberta-fbEnvironmental Defence released a report in December 2018, Carbon Pricing in Alberta: A review of its success and impacts  . According to the report, Alberta’s carbon levy, introduced in 2017 as part of the broader Climate Leadership Plan, has had no detrimental effect on the economy, and in fact, all key economic indicators (weekly consumer spending, consumer price index,and gross domestic product) improved in 2017. The report also documents how the carbon levy revenues have been invested: for example, over $1 billion used to fund consumer rebates and popular energy efficiency initiatives in 2017; support for Indigenous communities, including employment programs; a 500% growth in solar installations; funding for an expansion of light rail transit systems in Calgary and Edmonton; and prevention of an estimated 20,000 tonnes of greenhouse gas (GHG) pollution. The conclusion: the Climate Leadership Plan and its carbon levy is off to a good start, but improvement is needed on promised methane reduction regulations , and the regulations to enforce the legislated cap on oil sands emissions need to be released.

Methane Regulations:    The Alberta Environmental Law Centre published a report in 2017 evaluating the province’s methane emissions regulations. On December 13, the government released new, final regulations governing methane. On December 19, the Alberta Environmental Law Centre published a summary of the new Regulations here  

Since the Environmental Defence study, on December 17, the government announced  agreement on five new wind projects funded by Carbon Leadership revenues, through the  Renewable Electricity Program. Three of the five projects are private-sector partnerships with First Nations, and include a minimum 25 per cent Indigenous equity component to stimulate jobs, skills training and other  economic benefits. The government claims that all five projects will generate 1000 jobs.

On  December 19 the government also  announced   new funding of  $50 million from Alberta’s Climate Leadership Plan for the existing  Sector-specific Industrial Energy Efficiency Program , to support technology improvements in the  trade-exposed industries of pulp and paper, chemical, fertilizer, minerals and metals facilities.

Balanced against this, a December 31 government press release summarized how its “Made in Alberta ” policies have supported the oil and gas industry: including doubling of support for petrochemical upgrading to $2.1 billion; creation of a Liquefied Natural Gas (LNG) investment team to work directly with industry to expedite fossil fuel projects; political fights for new pipelines (claiming that “Premier Notley’s advocacy was instrumental in the federal government’s decision to purchase the Trans Mountain Pipeline”), and the ubiquitous Keep Canada Working  advertisements promoting the keepcanada workingbenefits of the Trans Mountain pipeline . The press release also references the November announcement that the province will buy rail cars  to ship oil in the medium term,  and the December 11 press release announcing that the province is  exploring  private-sector interest in building a new oil refinery .