Keystone is dead!

On June 9, TC Energy issued a press release announcing that the company, in consultation with the Alberta Government, has terminated the Keystone XL Pipeline project, although it will continue “to co-ordinate with regulators, stakeholders and Indigenous groups to meet its environmental and regulatory commitments and ensure a safe termination of and exit from the project.” The Alberta government had invested over $1 billion in the project as recently as March 2020 , and continued to defend it even after U.S. President Biden rescinded the permit in January 2021. The WCR compiled sources and reactions in January in “President Biden’s Executive Orders and Keystone XL cancellation – what impact on Canada?”    A new compilation of Alberta Government statements is here .  CBC Calgary describes Keystone XL is dead, and Albertans are on the hook for $1.3B.

Climate activists in Canada and the U.S. rejoiced at the latest news: “‘Keystone XL Is Dead!’: After 10-Year Battle, Climate Movement Victory Is Complete” , and activist Bill McKibben (and others) are hammering home a message of “never give up, activism works!”. The article from Common Dreams quotes Clayton Thomas Muller, longtime KXL opponent and currently a senior campaigns specialist at 350.org in Canada: “This victory is thanks to Indigenous land defenders who fought the Keystone XL pipeline for over a decade. Indigenous-led resistance is critical in the fight against the climate crisis and we need to follow the lead of Indigenous peoples, particularly Indigenous women, who are leading this fight across the continent and around the world. With Keystone XL cancelled, it’s time to turn our attention to the Indigenous-led resistance to the Line 3 and the Trans Mountain tar sands pipelines.”     The National Observer expands on this with “Keystone XL is dead, but the fight over Canadian oil rages on” (June 10).  The Indigenous Environmental Network news chronicles the ongoing resistance to pipeline development, as well as the reaction to the Keystone announcement.

Here is a closer look at the TC Energy press release which stated, in part:

“after a comprehensive review of its options, and in consultation with its partner, the Government of Alberta, it has terminated the Keystone XL Pipeline Project. …. We remain grateful to the many organizations that supported the Project and would have shared in its benefits, including our partners, the Government of Alberta and Natural Law Energy, our customers, pipeline building trade unions, local communities, Indigenous groups, elected officials, landowners, the Government of Canada, contractors and suppliers, industry associations and our employees.   

Through the process, we developed meaningful Indigenous equity opportunities and a first-of-its-kind, industry leading plan to operate the pipeline with net-zero emissions throughout its lifecycle. We will continue to identify opportunities to apply this level of ingenuity across our business going forward, including our current evaluation of the potential to power existing U.S. assets with renewable energy. 
  
….Looking forward, there is tremendous opportunity for TC Energy in the energy transition with its irreplaceable asset footprint, financial strength and organizational capabilities positioning it to capture further significant and compelling growth. The Company will continue to build on its 70-year history of success and leverage its diverse businesses in natural gas and liquids transportation along with storage and power generation to continue to meet the growing and evolving demand for energy across the continent.”  

Parliamentary Budget Office repeats the message: TransMountain pipeline is inconsistent with Canada’s zero emissions target

A Report from the independent Parliamentary Budget Officer (PBO) released on December 8  examines the financial viability of the Trans Mountain Pipeline, and includes updated employment and economic impact forecasts.  The press release summarizes the findings, including that the Trans Mountain pipeline has increased in value from $4.4 billion when the federal government purchased it in 2018, to $5 billion, using net present value calculations. However, that value is conditional on global demand for oil, on construction delays and costs, and – the crux of the matter –  “the profitability of the Trans Mountain assets is highly contingent on the climate policy stance of the federal government. Consistent with modelling from the Canada Energy Regulator (CER), if policy action on climate change continues to become more stringent, it is possible for the Trans Mountain assets to have a negative net present value.” In other words, as 350.org  says:  “two government agencies have said the exact same thing. The Canada Energy Regulator and the Parliamentary Budget Officer have made it clear that Trudeau has to choose between building Trans Mountain and confronting the climate emergency. It’s past time that Trudeau was honest: does he want to build a pipeline or tackle the climate crisis? He simply can’t do both.”  (The 350.org sign-on online campaign is here ; B.C.’s Dogwood Institute also has an online petition to Chrystia Freedland to Rethink TransMountain)

Discussion of the PBO report appears in the National Observer in “Budget officer provokes fresh round of suspicion over Trans Mountain profitability” (Dec. 9) , and in The Energy Mix  and the CBC .

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”.

Canadian government spends $4.5 billion taxpayers’ dollars to buy Trans Mountain pipeline project and push expansion ahead

justin-trudeauDespite strenuous and prolonged opposition from environmental and Indigenous activists in Canada and internationally, and two days before a deadline imposed by Texas corporation Kinder Morgan, Canada’s Liberal government announced on May 29  that it will  spend $4.5 billion to buy the existing Trans Mountain pipeline and its associated infrastructure, so that a pipeline expansion can proceed under the ownership of a Crown corporation.  The press release is here  ; details of the transaction are here in a Backgrounder  ;  the text of the speech by Finance Minister Bill Morneau is here . Repeating the mantra of the Trudeau government, Morneau claims that the project is in the national interest, will preserve jobs,  will reassure investors and improve the price for Canadian oil by expanding its market  beyond the U.S.  Morneau says the federal government does not plan to be a long-term owner and is in negotiations with interested investors, including Indigenous communities, pension funds (notably the Canada Pension Plan Investment Board)  and the Alberta government.

trans-mountain-pipelineIn fact, the expansion pipeline, if built, would almost triple the amount of dilbit transported from Alberta to the British Columbia coast, from 300,000 to 890,000 barrels a day, and increase tanker traffic off B.C.’s coast from approximately five to 34 tankers a month.  As recently as May 24, an Open Letter coordinated by Oil Change International  and signed by over 200 groups  summed up the situation, stating there is a “….  clear contradiction between Prime Minister Trudeau’s unchecked support for the Kinder Morgan pipeline project and his commitments to Indigenous reconciliation through the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) and his obligation to address climate change through the Paris Agreement.”  The letter notes that currently planned Canadian oil production would use up 16% of the world’s carbon budget to keep temperatures below 1.5 degrees, or 7% of the budget for 2 degrees.  Canada has less than 0.5% of the world’s population.

Today’s initial reaction to the government’s decision  has called it “astounding”, “shameful”, and an “historic  blunder”.  From the CBC: “Liberals to buy Trans Mountain pipeline for $4.5B to ensure expansion is built”   and “ Bill Morneau’s Kinder Morgan surprise comes with huge price tag, lots of political risk: Chris Hall”.  From  The National Observer   “Trudeau government to buy troubled Trans Mountain pipeline for $4.5 billion”   ; “BC Will Continue Legal Strategy to Oppose Pipeline After Federal Purchase, Premier Says”  in The Tyee  .  Toronto’s Globe and Mail posted at least 6 items on the decision , including  an Explainer , and Jeff Rubin’s Opinion: “Morneau had better options for Canada’s Energy sector” .

From  Greenpeace Canada: “Federal government volunteers to “captain the Titanic of tar sands oil pipelines” and risks $4.5B of Canadians’ money in the process” ; and  West Coast Environmental Law reaction points out that “There are currently 14 legal challenges before the Federal Court of Appeal, alleging that the government failed in its constitutional duty to consult First Nations about the Trans Mountain project, and that the federal review had other regulatory flaws. Success in just one of those challenges could derail the underlying federal approvals.”

In the Victoria Times Colonist, “Green Party Leader May calls pipeline decision ‘historic blunder’” ; John Horgan, Premier of British Columbia, released an official statement  , and a jubilant Alberta Premier Rachel Notley is profiled in the CBC story, ” ‘Pick up those tools, folks, we have a pipeline to build,’ Alberta premier says  “.  Reaction from B.C. First Nations leaders is compiled in this CBC story.

Social media reaction, as compiled by CBC , is here  .  The Dogwood Initiative has mounted a  “Time for Bill Morneau to go” online petition here ; SumofUs has an online petition  here,  to urge the Canada Pension Plan Investment Board not to invest in Kinder Morgan.   Direct emails can be sent to Prime Minister Justin Trudeau at justin.trudeau@parl.gc.ca .   Opposition continues and the story is not over.

Kinder Morgan Trans Mountain pipeline ignites a trade war between Alberta and British Columbia

trudeau-notley-20161129Pipeline politics have ignited a trade war between the governments of Alberta and British Columbia – both led by NDP Premiers  – with the Prime Minister clearly siding with Alberta and the construction of the Kinder Morgan Trans Mountain pipeline, as recently as February 1 .  The latest episode in the longstanding interprovincial feud was triggered on January 30,  when the B.C. government announced the formation of an independent scientific advisory panel to determine whether diluted bitumen can be effectively cleaned up after being spilled in water, and  “Until that committee reports, the government will impose a regulation prohibiting any expansion, either by pipeline or rail, of heavy oil sands crude.”  Details are in “B.C. announces oil transportation restrictions that could affect Kinder Morgan”  in the National Observer (Jan. 30); “B.C.’s Action on Bitumen Spills ‘Finds Kinder Morgan’s Achilles’ Heel’ (Feb. 5).

Alberta’s reaction was strong. First, in what Toronto’s Globe and Mail described as a “spat” on February 1:  “Alberta suspends electricity talks with B.C. over pipeline fight“. In a few days, The Energy Mix wrote ” Sour Grapes: Alberta to stop importing B.C. wine over Kinder Morgan feud” (Feb. 6) and  “Alberta Declares Boycott of B.C. Wine in Escalating Kinder Morgan Dispute” (Feb. 7 ) . CBC News reports reveal the escalating emotions: “The Alberta vs. B.C. pipeline fight. Now it’s war.” (Feb. 3) and “Weaponizing wine: Notley’s engineering a federal crisis in her battle with B.C.” and  “Oil, water and wine: “Escalating Alberta-B.C. feud threatens future of Trans Mountain pipeline” (Feb. 7); DeSmog Canada wrote “This might get Nasty: Why the Kinder Morgan standoff between Alberta and B.C. is a Zero-Sum Game” (Feb. 2). On February 9, Alberta’s Premier announced “a task force of prominent Canadians to respond to B.C.’s unconstitutional attack on the Trans Mountain Pipeline and the jobs that go with it”. The Market Access Task Force is loaded with government representatives and oil industry executives.

If you only have time to read one article about this dispute, read the analysis of Alberta’s Parkland Institute, in Let’s share actual facts about the Trans Mountain Pipeline. The three claims being made by the Alberta government are: 1. the  pipeline would generate $18.5 billion for “roads, schools, and hospitals”;  2.  it would create 15,000 jobs during construction, and 3. it would create 37,000 jobs per year. With deep expertise in the oil and gas industry, Parkland explains how these numbers were derived and why they are mostly outdated and selective.

Kinder-Morgan-Protest_Mark-KlotzWikimedia-Commons-800x485

Protests against Kinder Morgan will continue in B.C., with the Tsleil-Waututh First Nation  calling for a mass demonstration on Burnaby Mountain in March. – see the CBC summary here.

Stepping back,  see Andrea Harden-Donahue‘s January 24  blog for the Council of Canadians, “#StopKM: State of Resistance” , which details past resistance and demonstrations against KM,  and states that “the Pull Together campaign recently reached the fundraising target of $625,000 towards Indigenous legal challenges.” For a view of the legal issues and lawsuits (including First Nations’) in this longstanding fight, see a West Coast Environmental Law blog published on January 17, before this war erupted: “Whose (pipe)line is it anyway? Adventures in jurisdictional wonderland “.

 

Despite another oil spill, Keystone XL pipeline is approved in Nebraska. Resistance is strong and resolute

On November 16, TransCanada Pipeline shut down the existing Keystone Pipeline to contain a spill in South Dakota, estimated at 210,000 gallons– the third in the area since operations began in 2010.  Reports include “South Dakota Warns It Could Revoke Keystone Pipeline Permit Over Oil Spill”  in Inside Climate News .   On November 20, the Nebraska Public Service Commission granted approval to Keystone  – but an approval which Anthony Swift at NRDC describes as a “pyrrhic victory” because the original proposed route through Nebraska was rejected, and the new alternative route approved – the Keystone Mainline Alternative route –  must now undergo new state and federal environmental approval processes .  Official intervenors may also file an appeal  in the Nebraska courts within 30 days and may petition the Public Service Commission for a rehearing within ten days.  Even TransCanada seems to wonder if the Keystone will ever get built – the official press release  states:  “As a result of today’s decision, we will conduct a careful review of the Public Service Commission’s ruling while assessing how the decision would impact the cost and schedule of the project. ”   Other reaction to the news of the approval: from The National Observer  ;  Alberta’s Calgary HeraldCouncil of Canadians ; Bold Nebraska (an alliance of landowners, environmental groups and First Nations), and  from Common Dreams, ” ‘This Fight Is Far From Over’ Groups Declare as Nebraska Clears Path for Keystone XL Construction”  – summarizing the responses of 350.org and the Sierra Club.

As for strong and resolute opposition: In May 2017, CBC reported that leaders of the Blackfoot Confederacy in Canada, the Great Sioux Nation (U.S.) and the Ponca tribe (U.S.)  signed a joint declaration of opposition to Keystone XL . In a broader coalition,  First Nations, along with non-native groups such as 350.org and Greenpeace USA, have now launched  the Promise to Protect campaign which states:We will make a series of stands along the route – nonviolent but resolute displays of our continued opposition to a project that endangers us all. Join native and non-native communities in the Promise to Protect the land, water, and climate. ”  In light of the resolute and deep resistance, it is important to note an article in The Intercept   “Nebraska approves Keystone XL Pipeline as opponents face criminalization of protests”   (Nov. 20), which reported:  “In anticipation of the Keystone XL’s construction, legislation was passed in South Dakota in March that allows the governor or a local sheriff to prohibit groups numbering more than 20 from gathering on public land or in schools, and also allows the Department of Transportation to limit access to highways by prohibiting stopping or parking in designated areas.”  The South Dakota Senate Bill 176 is here.

 

Kinder Morgan, Keystone pipelines move closer to reality as Canada is warned about its carbon budget

Prime Minister Trudeau set off an outcry in Alberta with these comments at the start of his cross-country tour in Peterborough, Ontario : “You can’t make a choice between what’s good for the environment and what’s good for the economy. We can’t shut down the oilsands tomorrow. We need to phase them out. We need to manage the transition off of our dependence on fossil fuels.”  In Calgary on January 24,  Trudeau defended his remarks in a town hall meeting in Calgary, summarized in “Calgary crowd cheers and boos Trudeau in showdown with oilsands supporters”   in the National Observer (Jan. 25) .

On January 11, British Columbia’s Premier Clark waived B.C.’s original five objections and approved the Kinder Morgan pipeline project (albeit with 37 provincial conditions) . Alberta’s Premier Rachel Notley responded with:  “Working families shouldn’t have to choose between good jobs and the environment. World-class environmental standards and a strong economy that benefits working people must go hand-in-hand. The Kinder Morgan pipeline offers us an historic opportunity to demonstrate that these values can – and must – go hand in hand.”   Reaction to B.C.’s decision from West Coast Environmental Law is here ; or read “Did Christy Clark just betray British Columbia?” from Stand.earth, which continues to organize resistance to Kinder Morgan.

As anticipated, President Donald Trump wasted no time in approving the Keystone XL and Dakota Access pipelines, signing  Executive Orders on January 24.  Negotiations and further state-level approvals are still ahead, but Canada’s Trudeau government welcomed the news, according to a CBC report which quotes Natural Resources Minister Jim Carr : “it would be very positive for Canada — 4,500 construction jobs and a deepening of the relationship across the border on the energy file.”   In a joint response by Greenpeace USA and Greenpeace Canada, Mike Hudema of Canada stated:   “The question for Canadians is: will the Prime Minister continue to align himself with a climate denying Trump administration, or will he stand with the people and with science and start living up to his own commitments to the climate and Indigenous rights?”

According to a January report by Oil Change International (OCI), “Ultimately, the carbon mathematics is such that the Canadian government simply cannot have it both ways . There is no scenario in which tar sands production increases and the world achieves the Paris goals.”  Climate on the Line: Why new tar sands pipelines are incompatible with the Paris goals  continues with: “Cumulative emissions from producing and burning Canadian oil would use up 16% of the world’s carbon budget to keep temperatures below 1.5 degrees, or 7% of the budget for 2 degrees. Canada has less than 0.5% of the world’s population.” ” There is no future in expanding tar sands production. Instead, the government should begin serious efforts now to diversify the economy, supporting a just transition for workers and communities.”  Andrew Nikoforuk summarized the report in The Tyee (Jan. 10); CBC Calgary interviewed experts in its analysis, “Could the oilsands really be phased out? Here are the possibilities” (January 21).

Decision approaches for the Kinder Morgan Transmountain Pipeline Expansion

kmpipeline_tanker_route_salish_sea_map_smallThe Liberal government announced a national Ocean Protection Plan  on November 8, investing $1.5  billion over five years,  “to ensure that our coasts are protected in a modern and advanced way that ensures environmental sustainability, safe and responsible commercial use, and collaboration with coastal and Indigenous communities.” Although one of  the goals is “restoring and protecting the marine ecosystems and habitats”, the main thrust appears to emphasize commercial shipping,  maritime traffic, and improved response to tanker oil spills.   A sample of reaction:  An Editorial from the  National Observer “’Ocean protection’ is now code for oilsands pipelines and tanker traffic ” (Nov. 8); “No tanker ban in Trudeau’s $1.5-Billion Coastal Protection Plan”  in The Tyee ; and though Equiterre’s press release strikes a constructive tone, it links the Plan directly to the Kinder Morgan pipeline and subsequent tanker traffic.  As  Chantal Hebert wrote in the Toronto Star,  “it is obvious to everyone following along that he (Prime Minister Trudeau)  was getting some framing in place before green-lighting Kinder Morgan’s TransMountain pipeline expansion”.

The Report from the Ministerial Panel for the Trans Mountain Pipeline Expansion Project  was presented to Natural Resources Minister Carr in early November, the Panel having been appointed by the Minister  in May 2016  to quell  public outrage over the National Energy Board  process. From the Report introduction: “The panel’s mandate was not to test or build social licence for the project. It was to identify what might have been missed in the original review. Appropriate to the panel’s mandate, therefore, this report does not contain specific recommendations. Rather, it provides an overview of input, a reflection of public concern about changing circumstances, and a synthesis of major issues “.   Nevertheless, the panelists managed to say that the Kinder Morgan project “cannot proceed without a serious reassessment of its impacts on climate change commitments, indigenous rights and marine mammal safety. ”   DeSmog blog summarizes the report and commends the Panel .

Others  dispute that the pipeline is even needed, on economic grounds – see Climate Action Network   or Robyn Allan in “Opinion: Premier Notley relies on fiction to push Kinder Morgan pipeline expansion”  in the National Observer (Nov. 14)  . From Vancouver-based   Conversations for Responsible Economic Development  (CRED),  self-described as “fiercely pro-business and pro-economic development” : “It’s crucial that the federal government reject the KM pipeline and instead support sectors in BC that create family-sustaining jobs, make significant tax contributions, insulate the regional economy from boom-and-bust cycles, and promote economic growth compatible with Canada’s national climate commitment.”  See the full CRED report,  What’s Fuelling Our Economy: Is Kinder Morgan’s Proposed Pipeline Inconsistent with New Economic Trends and Realities?

Protests and legal action against the Kinder Morgan project have been going on for years – see our previous WCR coverage here –  but they are intensifying with the upcoming December 19 deadline for a government decision.  In October, 99 protestors were arrested on Parliament Hill, and  British Columbia’s former Premier Mike Harcourt warned in a November interview   that an approval could result in “a  Clayoquot or North Dakota type of insurrection”. A November 17 event hosted by Leadnow.ca  also makes the link: “From Standing Rock to Burnaby Mountain: Can Direct Action Stop the Kinder Morgan Pipeline?”.   On November 16,  the Canadian Youth Delegation at COP22 in Marrakech delivered a  petition with 210,000 names opposing the Kinder Morgan pipeline; demonstrations and vigils are planned across Canada for November 21, coordinated by 350.org , Leadnow.ca, Greenpeace Canada   , the Council of Canadians    , the Canadian Youth Climate Coalition  and others.  The Kinder Morgan pipeline expansion is being framed as the acid test for the Liberal government’s environmental position.

 

 

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 ” )