Northern Gateway Headed to Court as NEB Approval Provokes Criticism of Review Process

On December 19th, the National Energy Board granted conditional approval to the controversial Enbridge Northern Gateway pipeline, citing 209 conditions.The federal NDP and Green parties criticized the decision, while some opponents of the pipeline allege the joint review panel itself has been “undemocratic” and has undermined the integrity of the environmental review process in general, echoing an August 2013 lawsuit in which NGO ForestEthics claimed NEB public participation rules were unconstitutional. A series of at least 10 lawsuits has been launched in response to the NEB approval, notably one by B.C. Nature and one by a coalition of NGOs including EcoJustice, ForestEthics, Living Oceans Society, and Rainforest Conservation Foundation. The environmental groups allege the Joint Review Panel (JRP) final report contains serious legal and scientific gaps, such as uncertainty regarding geohazards along the pipeline route and the behaviour of spilled bitumen in marine environments. They claim the JRP also failed to address legal obligations to the humpback whale and caribou populations whose habitats lie in the pipeline path, both of which are protected under the Species at Risk Act.

Three First Nations, Gitxaala, Git’gat, and Haisla, have launched lawsuits of their own calling for federal review of the NEB decision. They claim their unique constitutional rights regarding development on their lands were also neglected during the review process.

Read the press release from EcoJustice on their lawsuit at: http://www.ecojustice.ca/media-centre/press-releases/environmental-groups-launch-lawsuit-over-flawed-northern-gateway-report. CBC coverage of lawsuits from environmental groups is available at: http://www.cbc.ca/news/canada/british-columbia/northern-gateway-pipeline-report-draws-lawsuit-1.2501051; coverage of First Nations lawsuits is available at: http://www.cbc.ca/news/canada/british-columbia/gitga-at-northern-gateway-lawsuit-joins-9-other-challenges-1.2507155.

According to West Coast Environmental Law, Enbridge may be experiencing difficulty attracting investment to the project in light of persistent opposition. See: NEB’s Thumbs Up Ignores Wall of Opposition that will Stop Enbridge (Jan. 16) is at: http://wcel.org/resources/environmental-law-alert/neb%E2%80%99s-thumbs-ignores-wall-opposition-will-stop-enbridge.

Positions of B.C. Political Parties on Climate Change Issues and Green Jobs

British Columbia holds its provincial election on May 14th.  The Pembina Institute has released a comparison of the positions of the political parties on four election issues related to climate change: liquefied natural gas (LNG), oil pipelines, the carbon tax and green jobs. They find that the Green Party is the only one who would take the province forward on all four issues, and goes the furthest in proposals for green job creation – with enhanced venture capital funding programs for the clean tech sector, as well as encouragement of energy efficiency and renewable energy.  Only the Conservatives have no proposals re green job creation.   The Conservatives, Liberals and NDP are all in support of significant LNG expansion, yet the Pembina authors state that “any necessary next steps in lowering emissions will be overwhelmed by the emissions from extracting, processing and liquefying natural gas if LNG development is allowed to significantly expand in B.C.”

LINKS

Climate change and the 2013 British Columbia election by Matt Horne, Josha MacNab & Kevin Sauvé is available at http://www.pembina.org/media-release/2449 .

“B.C.’s political climate is shifting: Why talk of ‘jobs vs. environment’ no longer holds water” by Eric Doherty (May 10) at Rabble.ca at http://rabble.ca/news/2013/05/bcs-political-climate-shifting-why-talk-jobs-vs-environment-no-longer-holds-water

Party Platforms:  Green Party: Jobs in a New Economy is at http://www.greenparty.bc.ca/jobs_in_new_economy ; NDP platform is at http://www.bcndp.ca/plan  ; Liberals’ at http://www.bcliberals.com/news/in-the-news/ourPlan ; Conservatives’ at http://www.bcconservative.ca/ .

The Tyee Election Hook (dedicated to election coverage)  is at http://thetyee.ca/Blogs/TheHook/

For results:  go to CBC B.C. Election 2013 website at http://www.cbc.ca/news/canada/bcvotes2013/