Federal Court of Appeal stops Trans Mountain pipeline in its tracks

killer whales rainforestAn August 30 decision by the Federal Court of Appeal  has quashed the approval of the Trans Mountain oil pipeline expansion, directing that the the consultation with First Nations be re-done before the approval can again be considered.  The Court’s decision was based on two grounds: 1). Failure to adequately consult with First Nations –  characterizing the interaction as more “note-taking” than consultation – and 2) the National Energy Board  did not consider  the environmental impacts of  oil tanker traffic, especially its effect on the Southern Resident Orca Whales .  The Court stated:  “The unjustified exclusion of project-related marine shipping from the definition of the project rendered the board’s report impermissibly flawed”.  The National Observer has summarized the decision thoroughly  here , and maintains an ongoing series on “Kinder Morgan” here .  CBC News produced several stories, including a broad overview, including reactions, in “After Federal Court quashes Trans Mountain, Rachel Notley pulls out of national climate plan” .  A straightforward, briefer summary appeared in the Calgary Herald, “Five things to know about today’s Trans Mountain Pipeline Court Ruling” .

Reaction from environmentalists and First Nations is understandably overjoyed. EcoJustice, one of the main legal players in this consolidated case issued a press release  jointly  with the Raincoast Conservation Foundation and  Living Oceans Society, emphasizing the conservation aspects of the decision. It states: “The past six years have been a hard-fought battle against a project that has come to symbolize some of the defining issues Canadians face at this moment in time: Navigating the ongoing process of reconciliation, mitigating climate change, and protecting the land and water for future generations.”   Climate Action Network states that “This decision from the Federal Court of Appeal affirms the primacy of Indigenous rights and community consent. “  The David Suzuki Foundation press release touches on both aspects of the decision, saying “What is clear is that today’s decision sets a new high-water mark in terms of what it means to achieve true reconciliation, with Indigenous Peoples and nature.”  From The Narwhal,  “The death of Trans Mountain pipeline signals future of Indigenous rights: Chiefs” is a good compilation of First Nations response, to be read along with the Vancouver Sun‘s “B.C. First Nations Divided on Kinder Morgan Ruling”.

Another environmentalist reaction: “‘This pipeline is dead’: Stand.earth applauds federal court decision on Trans Mountain Pipeline”  which states: “Today’s victory is a vindication for everyone who worked to stop the Trans Mountain pipeline and tanker project — the hundreds of Water Protectors who were arrested in acts of peaceful civil disobedience, the tens of thousands of climate activists who marched against this pipeline, and the millions of Canadians who used their votes to elect candidates committed to creating a better future for Canada and the world.”

What does this mean for Canadian climate policy?  Professor David Tindall of University of British Columbia wrote an Opinion piece which appeared  in The Conversation on August 30, “Trans Mountain ruling: Victory for environmentalists, but a setback for action on climate change”.  He states: “While environmentalists can claim a victory in delaying the construction of a pipeline that would ship a further 500,000 barrels of oil each day to the Pacific Coast, the court ruling also threatens Canada’s plan to deal adequately with its greenhouse gas emissions. ”   A fuller discussion of this dilemma appears in “Trans Mountain pipeline ruling shakes central pillar of Trudeau agenda” (Aug. 31)  in the National Observer, and features in the many arguments for “Why Ottawa should step away from the Trans Mountain pipeline” , in Policy Options in August.  (A follow-up to an August 29 Open Letter to Prime Minister Trudeau on the topic, from 189 Canadian academics).  Finally, “The Global Rightward Shift on Climate Change”  in The Atlantic    (Aug. 28) examines Trudeau’s contradictory policies even before the Court decision,  in light of the recent ouster of Australia’s Prime Minister, partly over energy policies.

The threat to federal climate change policy comes because Alberta’s Premier Rachel Notley, in reaction to the Court’s decision,  pulled the province out of the Pan Canadian Framework on Clean Growth and Climate Change, blaming the federal government for “the mess we find ourselves in”.  The Premier’s press release issues an ultimatum, stating: “…Alberta, and indeed Canada, can’t transition to a lower carbon economy, …if we can’t provide the jobs and prosperity that comes from getting fair value for our resources….So the time for Canadian niceties is over… First, the federal government must immediately launch an appeal to the Supreme Court of Canada. Even more importantly, Ottawa must immediately recall an emergency session of Parliament to assert its authority and fix the NEB process as it relates to this project to make it clear that marine matters have been and will be dealt in a different forum.  Then Ottawa needs to roll up its sleeves and continue its work to protect our coast and improve consultation and accommodation relating to Indigenous peoples in the way they deserve.”

The political context is behind Notley’s response is  reported in “‘Notley’s in a lot of trouble’: Massive political fallout from Trans Mountain court decision” in the Calgary Herald and in the Edmonton Journal (Aug. 31) :  “’It is a crisis’: Alberta premier withdraws support for federal climate plan after Trans Mountain approval quashed” . Other Western politicians are quoted in  “ ‘A hideously expensive white elephant’: Essential quotes on the quashing of the Trans Mountain pipeline approval”  in the Calgary HeraldReaction from British Columbia’s  Premier  was brief, and focused on First Nations rights;  the mayors of Burnaby and Vancouver B.C.  were more enthusiastic (having been part of the applicant group of the case) .

What’s Next?  The Prime Minister reiterated federal resolve to build the pipeline in an interview on August 31, after the decision.  Construction has been stopped indefinitely, but a CBC analysis cautions, “Don’t dig Trans Mountain’s grave just yet” , and UBC Professor George Hoberg has predicted that it will take another 18 months at least for the issue to reach, and be decided, in the Supreme Court of Canada.  And in the meantime, in Canada, the September 8 RISE Global Day of Climate Action will be a day of celebration .

 

Government campaign claims Trans Mountain pipeline is a “bridge to a greener tomorrow” – economists and citizens disagree

keepcanada working

#keepcanaddaworking social media campaign

Now that the government of Canada has bought the Trans Mountain pipeline project from Texas-based Kinder Morgan,  the governments of Alberta and Canada have launched a public relations campaign to “sell” the deal to Canadians.  The  Keep Canada Working television and  social media campaign  promotes the familiar Liberal government message that  “Developing the economy and protecting the environment are two things that can happen side by side – without choosing one over the other”, and argues that “The Trans Mountain Pipeline expansion funds green investments, shifts the transportation of oil away from more carbon intensive methods like rail or truck, and provides a bridge to a greener tomorrow.”   The full “Climate Action” defense is here .

The “Jobs and the Economy” claims are here, including endorsements by politicians and includes a quote from Stephen Hunt, Director of the United Steelworkers District 3: “Members of the United Steelworkers are proud that the pipeline will be using Canadian-made USW-built pipe.”  The other positive job arguments are sourced from an April 2018 Globe and Mail article by the CEO of the Canadian Association of Petroleum Producers and the corporate website of  Trans Mountain, which are in turn based on an unnamed  Conference Board of Canada report .

What do other economists say about the benefits of the Trans Mountain pipeline?   In February 2018, the Parkland Institute summarized and critiqued the economic arguments in a still-useful  blog “Let’s share the actual facts about the Trans Mountain Pipeline” , and Canadian economist Robyn Allan has written numerous articles critical of the Trans Mountain project for the National Observer, most recently “Premier Notley’s claimed $15 billion annual benefit from Trans Mountain exposed as false by her own budget”  (June 7 2018). Other more detailed publications since the May 2018 purchase by the government:  “Canada’s Folly: Government Purchase of Trans Mountain Pipeline Risks an Increase in National Budget Deficit by 36%, Ensures a 637% Gain by Kinder Morgan”, published by the Institute for Energy Economics and Financial Analysis, describes the fiscal and financial risks and calls for more public disclosure of those details before the Purchase Agreement is finalized in August.  Similarly,  The view from Taxpayer Mountain  (June 2018) from the West Coast Environmental Law Association links to  the actual Purchase Agreement and reviews Canada’s obligations and risks.  On June 26, Greenpeace USA has published  Tar Sands Tanker Superhighway Threatens Pacific Coast Waters  highlighting the dangers of a potential oil spill on the environment,  and on coastal economies.  At risk: the $60 billion coastal economy of Washington, Oregon and California, which  currently supports over 150,000 jobs in commercial fishing and over 525,000 jobs in coastal tourism, and in the British Columbia Lower Mainland, Greenpeace estimates there are  320,000 workers in industries that rely on a clean coastline.

On the issue of climate change impacts, a widely-cited discussion paper, Confronting Carbon lock-in: Canada’s oil sands (June 2018) from the Stockholm Environment Institute,  concludes that  “The continued expansion of Canada’s oil sands is likely to contribute to carbon lock-in and a long-term oversupply of oil, slowing the world’s transition to a low-carbon future.”  And still valuable reading: David Hughes’ Can Canada Expand Oil and Gas Production, Build Pipelines and Keep Its Climate Change Commitments? (June 2016) from the Corporate Mapping Project  , and from Jeff Rubin,  Evaluating the Need for
Pipelines: A False Narrative for the Canadian Economy  (September 2017).

Tanker Bridge BlockadeDemonstrations continue:   Vancouver housing activist Jean Swanson’s  argues that the billions spent on Kinder Morgan would be better used for social housing, job creation, and renewable energy in  “Why I got arrested protesting the Kinder Morgan pipeline” in The Tyee, July 11.  Twelve Greenpeace activists mounted an “aerial blockade”  for Trans Mountain oil tankers by hanging from a bridge above the water on July 3 and 4.   And on July 11, CBC reported  “Secwepemc First Nation’s ‘Tiny House Warriors’ occupy provincial park in Trans Mountain protest” .  The Tiny House Warrior movement began in 2017, near Kamloops, to block the pipeline by  re-establishing village sites and asserting authority over Secwepemc First Nations unceded Territories.

 

 

The new British Columbia government tackles climate change policy and controversies: Site C, Kinder Morgan, and Carbon Tax neutrality

As the smoke from over 100  forest fires enveloped British Columbia during the summer of 2017, a new brand of climate change and environmental policy emerged after June 29, when the New Democratic Party (NDP) government assumed power , thanks to a Confidence and Supply Agreement with the Green Party Caucus.  Premier John Horgan appointed Vancouver-area MLA George Heyman, a former executive director of Sierra Club B.C. and president of the B.C. Government Employees and Service Employees’ Union, as Minister of Environment and Climate Change Strategy, with a mandate letter which directed Heyman to, among other priorities, re-establish a Climate Leadership team,  set a new 2030 GHG reduction target, expand and increase the existing carbon tax, and “employ every tool available to defend B.C.’s interests in the face of the expansion of the Kinder Morgan pipeline.”  A separate mandate letter to the Ministry of Energy, Mines and Petroleum Resources, directed the Minister to create a roadmap for the province’s energy future, to consider all Liquified Natural Gas proposals in light of the impact on climate change goals, to freeze hydro rates and to  “immediately refer the Site C dam construction project to the B.C. Utilities Commission on the question of economic viability and consequences to British Columbians in the context of the current supply and demand conditions prevailing in the B.C. market.” In addition, the government “will be fully adopting and implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and the Calls to Action of the Truth and Reconciliation Commission.”

Some notes on each of these priorities:

Re the B.C. Climate Leadership Plan The recommendations of the B.C. Climate Leadership Team were ignored by the Liberal government when delivered in 2016.  In mid-September 2017, the reasons for that became clear, as reported by the National Observer , DeSmog Canada, Rabble.ca and Energy Mix . According to the National Observer,  “provincial officials travelled to Calgary to hold five rounds of secret meetings over three months in the boardroom of the Canadian Association of Petroleum Producers (CAPP). Representatives from Alberta-based oil giants Encana and Canadian Natural Resources Ltd (CNRL) are shown on the list of participants meeting with B.C.’s ministry of natural gas development.”  In the article for DeSmog Canada, Shannon Daub and Zoe Yunker state that the Climate Leadership process was a stunning example of institutional corruption: “what can only now be characterized as a pretend consultation process was acted out publicly….  The whole charade also represents an abuse of the climate leadership team’s time and a mockery of B.C.’s claims to leadership during the Paris climate talks, not to mention a tremendous waste of public resources.”  The documents underlying the revelations were obtained under Freedom of Information requests by Corporate Mapping Project  of the Canadian Centre for Policy Alternatives, of which Shannon Daub is Associate Director.

Re the  Carbon Tax:  The Budget Update released on September 11 states: “The Province will act to reduce carbon emissions by increasing the carbon tax rate on April 1, 2018 by $5 per tonne of CO2 equivalent emissions, while increasing the climate action tax credit to support low and middle income families. The requirement for the carbon tax to be revenue-neutral is eliminated so carbon tax revenues can support families and fund green initiatives that help us address our climate action commitments.” For context, see “B.C. overturns carbon tax revenue-neutrality”  (Sept. 22) by the Pacific Institute for Climate Solutions;  for reaction, see the Canadian Centre for Policy Alternatives-B.C. or the Pembina Institute .

Re the Kinder Morgan Trans Mountain Pipeline:  On October 2, 2017, the Federal Court of Appeal  is scheduled to start the longest hearing in its history, for the consolidated challenges to the National Energy Board and Federal Cabinet approval of Kinder Morgan’s Trans Mountain Project.  The government has applied for intervenor status, and in August  hired environmental lawyer and former B.C. Supreme Court Justice  Thomas Berger as an external legal advisor on the matter.  West Coast Environmental Law blogged, “See you in court, Kinder Morgan” , which provides a thorough summary of the 17 cases against the TransMountain expansion; WCEL has also published a Legal Toolbox to Defend BC from Kinder Morgan, which goes into the legal arguments in more detail.  The NEB website provides all official regulatory documents. Ecojustice is also involved in the complex court challenge.

Re the Site C Dam:  In early August, the B.C. government announced a review of the Site C project by the B.C. Utilities Commission.  The Preliminary Inquiry Report was released on September 20,  calling for more information before passing judgement on whether BC Hydro should complete the project. The Inquiry Panel also finds “a reasonable estimate of the cost to terminate the project and remediate the site” would be $1.1 billion, based on the figures provided by BC Hydro and Deloitte consultants. The Inquiry report is  summarized by  CBC . Next steps:  a series of round-the-province hearings and final recommendations to government to be released in a final report on November 1.

After years of protests about Site C, evidence against it seems to be piling up. A series of reports from the University of British Columbia Program on Water Governance, begun in 2016, have addressed the range of issues involved in the controversial project : First Nations issues; environmental impacts; regulatory process; greenhouse gas emissions; and economics.  In April, an overview summary of these reports appeared  in Policy Options as  “Site C: It’s not too late to hit Pause”,  stating that Site C is “neither the greenest nor the cheapest option, and makes a mockery of Indigenous Rights in the process.”   On the issue of Indigenous Rights, the UN Committee on the Elimination of Racial Discrimination called for a halt on construction in August, pending a full review of how Site C will affects Indigenous land.

If Site C is a good project, it’s time for Trudeau to trot out the evidence” in  iPolitics (Sept. 17), calls Site C “an acid test for Trudeau’s promise of evidence-based policy” and an environmental and economic disaster in the making.  The iPolitics article summarizes the findings of a submission to the BC Utilities Commission review by Robert McCullough, who concluded that BC Hydro electricity demand forecasts overestimate demand by 30%, that its cost overruns on the project will likely hit $1.7 to $4.3 billion, and that wind and geothermal are cleaner alternatives to the project. McCullough’s conclusions were partly based on his review of the technical report by Deloitte LLP, commissioned by the Inquiry.

 

Fossil fuel approvals, job creation, and the gap in Canada’s emissions goals

one-million-jobs-e1407607008390 Assessing the Federal Government’s Actions on Climate Change   was released by the  Green Economy Network in February (with a 4-page Executive Summary here ) . It estimates the job creation value of four fossil fuel projects under active consideration – Petronas LNG in B.C., Kinder Morgan TransMountain Pipeline, Enbridge Line 3, and Keystone XL Pipeline –  using figures from the proponents of those projects, and concludes that the estimated total investment of $60.3 billion would result in 380,900 direct, indirect, and induced person job years of employment over 5 years, many of which would be in the U.S.  The investment would also increase Canada’s annual GHG emissions by 89.9 megatonnes. In comparison, GEN estimates  the job creation and emissions impacts of that same $60.3 billion investment if it were directed to energy efficiency, renewable energy, and transit, as recommended in its One Million Climate Jobs Plan .  GEN concludes that the green investments would create 784,570 person job years of employment over five years while reducing annual GHG emissions by up to 190 Mt after ten years.

In its discussion of the government’s Pan-Canadian Framework on Clean Growth and Climate Change , the Green Economy Network  notes that “it is unclear how the emissions from federally approved fossil fuel infrastructure projects are factored into the PCF”.  Regarding the Pan-Canadian Framework considerations of employment and Just Transition issues , the report further states:  “Calculations for job creation from each of the proposed measures are completely absent”.  Though the term “Just Transition” gets a mention, “there are no specific measures outlined to ensure that workers and their families are supported in the transition to a low-carbon economy.”  … “The Framework also misses a significant opportunity to demonstrate how major public infrastructure projects can be designed to include Just Transition measures, including skills training and integrating mandatory requirements for contractors to sponsor apprenticeships, which will aid in increasing apprenticeship completion rates and ensure that our workers have the skills that they need.”     GEN makes recommendations to improve these deficiencies.

The Green Economy Network  represents the concerns and solutions of an alliance of approximately 25 labour unions, environment and social justice organizations in Canada.  Their signature One Million Jobs campaign is part of an international campaign which includes the U.K. and South Africa.