NEB Conditional approval for Kinder Morgan Pipeline is met with Determined Opposition

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On May 19, a National Energy Board press release stated,  “Taking into account all the evidence, considering all relevant factors, and given that there are considerable benefits nationally, regionally and to some degree locally, the Board found that the benefits of the Project would outweigh the residual burdens.”  The Kinder Morgan TransMountain Pipeline NEB approval, with 157 conditions , is subject to review by a three-member federal panel, announced on May 17    , which has until  November to report to  the Minister of Natural Resources.  The final decision will then be made by the federal Cabinet. See “ Trudeau Declares Resource Promotion a PM’s ‘Fundamental Responsibility’” , and “McKenna won’t give a straight answer about Enbridge pipeline” (May 17)  , summarizing the mixed messages and political manoeuvering over pipeline development.  Also of interest, from DeSmog blog: “Enbridge and Kinder Morgan lobby hard as Feds change tune on Pipelines”  .

The Kinder Morgan decision had been the focus of Canada’s Break Free divestment protests on May 14, and Canada’s 350.org states that the NEB decision doesn’t change “the simple fact that the Kinder Morgan pipeline will never be built.” EcoJustice reacted with: “Ready to continue fight against Kinder Morgan”  in the courts, and citizens , local governments, and environmental groups also oppose Kinder Morgan: see  “Local Governments deeply disappointed”   , and “NEB sides with Texas-based pipeline company against B.C. citizens, First Nations”  .   Chances that First Nations will approve the pipelines are non-existent, according to a National Observer report (May 19)   in which  Rueben George, spokesperson for the local Tsleil-Waututh Nation, states ” First Nations have won 170 legal cases around resource extraction, that’s a 97 per cent victory rate. It’s pretty clear to me that we have veto power over this company.”  The  interactive map  (above) by the Wilderness Committee shows the Kinder Morgan route and summarizes the opposition by First Nations throughout the NEB consultations .

The Alberta Government  calls the NEB decision “a responsible national approach to energy infrastructure. Canada is balancing the need for much stronger action on climate change with the need to pay for that action, by sustainably developing our natural resources – including our energy resources.”  From the British Columbia government: “ We will only support new heavy-oil pipelines in British Columbia if our five conditions can be met. These conditions include the successful completion of the environmental review process, ensuring world-leading marine and land-based spill response, prevention and recovery systems are in place, ensuring legal requirements regarding Aboriginal and treaty rights are addressed and First Nations are provided with the opportunities to participate in and benefit from a heavy-oil project, and, finally, that British Columbia receives a fair share of the fiscal and economic benefits from any proposed heavy-oil projects.… “The responsibility for meeting the five conditions is complex and will take a great deal of effort from both industry and governments….we will continue to work with the proponent and all stakeholders to address B.C.’s needs.”  And indeed, the B.C. government passed legislation  to alter the boundaries of Finn Creek Provincial Park in May, after a Kinder Morgan submission that requested changes to four park boundaries .

Unnoticed amidst the Kinder Morgan debate was a report released on April 28 by the Council of Canadian Academies(CCA). Commercial Marine Shipping Accidents: Understanding the Risks in Canada , explores the likelihood of commercial marine shipping accidents, including oil spills,  and considers their potential social, economic, and environmental impacts. Noting significant gaps in the available data, and that there have been few such accidents, the report concludes that the Pacific Region has the highest level of shipping activity, but has a relatively low risk profile. The report concludes that Canada has a well-developed oil spill response regime overall, but identifies areas for improvement as “ the need for a hazardous and noxious substances (HNS) preparedness and response regime across Canada, as well as further research into how substances classified as HNS behave in a marine environment.” The report was commissioned by the Clear Seas Centre for Responsible Marine Shipping,  a not-for-profit  based in Vancouver since 2014.  Its goal is to provide unbiased, independent research; its funding comes from the governments of Canada, Alberta, and “industry groups represented by CAPP” (the Canadian Association of Petroleum Producers).

 

 

 

 

 

Enbridge Line 9 Given Green Light

According to a brief Enbridge press release on September 30, 2015 ,  the National Energy Board (NEB) has approved the results of required hydro-static tests on Line 9, removing the last safety test required before the pipeline can begin transporting crude oil from Sarnia to Montreal. The Globe and Mail reported the decision, “Canadian Regulators give Enbridge’s Line 9 the Green Light” (Sept. 30), yet the official NEB website for Line 9 did not post a press release . As reported by the Globe and Mail, “Approval of Enbridge’s Line 9 applauded by Quebec Refineries” (Oct. 1), but CBC reports that “Montreal protesters denounce Energy East, Enbridge Line 9 pipelines”.

Unifor joins First Nations and Environmental Groups in Court against the Northern Gateway Pipeline decision

Eighteen lawsuits were consolidated and heard in a Federal Court of Appeal in Vancouver, from October 1 to 8, as eight First Nations, four environmental groups and Unifor challenged the decision of the Federal Joint Review Panel on Enbridge’s Northern Gateway Pipeline. Lawyers representing Unifor argued that the Joint Review Panel erred by focusing on the economic benefits of oil sands development and refusing to consider greenhouse gas emissions produced by upstream development (see Unifor’s detailed Memorandum of Fact and Law here). West Coast Environmental Law provides a Legal Backgrounder with official documents, a day by day summary of proceedings and will cover the decision when it is announced in the coming months. “How Harper triggered a First Nations legal war over Northern Gateway” in the National Observer (Oct. 1) provides background.

Pipeline News: Kitimat, First Nations Reject Northern Gateway; the Government Downgrades Protection for Humpback Whales

The Enbridge Northern Gateway Pipeline has encountered new road blocks as communities voice renewed opposition to the project. In Kitimat, residents voted against the pipeline by 60% in a non-binding plebiscite on April 19th. Kitimat might stand to gain the most if the project proceeds, with a promise from Enbridge to bring 180 permanent jobs to the community in addition to indirect opportunities for local contractors and suppliers. The day before the vote, four First Nations from the Yinka Dene, just west of Kitimat, expressed their official opposition to Northern Gateway in a meeting with the Canadian Environmental Assessment Agency, the National Energy Board, and the Department of Fisheries and Oceans. The Yinka Dene have already gathered 160 B.C. First Nations behind a petition against the project. Other communities that have previously stated their opposition include Terrace, Prince Rupert, and Smithers.

See “Kitimat Residents Vote ‘No’ in Pipeline Plebiscite” from The Globe and Mail at: http://www.theglobeandmail.com/news/british-columbia/kitimat-residents-vote-in-northern-gateway-oil-pipeline-plebiscite/article17949815/, “Does Kitimat’s Vote Matter?” In The Tyee at: http://thetyee.ca/News/2014/04/12/Kitimat-Northern-Gateway-Vote/, and “Four Dene clans officially reject Northern Gateway pipeline” from The Globe and Mail at: http://www.theglobeandmail.com/news/british-columbia/four-dene-clans-officially-reject-northern-gateway-pipeline/article17948468/.

See https://workandclimatechangereport.org/2014/01/28/northern-gateway-headed-to-court-as-neb-approval-provokes-criticism-of-review-process/ for background on the current lawsuits against the Northern Gateway project by First Nations and environmental groups.

Meanwhile, on April 22nd, Environment Canada has recommended that the humpback whale be reclassified, from “threatened” to “species of special concern” under the Species At Risk Act. This would remove legal protection for humpback habitat (which happens to include the British Columbia coast where oil tanker traffic would increase if Northern Gateway is approved, and is part of the basis of a lawsuit launched by EcoJustice and others). See the CBC report at: http://www.cbc.ca/news/technology/humpback-whale-losing-threatened-status-amid-northern-gateway-concerns-1.2617633.

Keystone Decision Delayed Again

U.S. President Obama announced on April 18th that he will extend the government comment period on the Keystone XL pipeline until at least the end of May, frustrating Canadian boosters of the project. Read the CBC report at: http://www.cbc.ca/news/world/u-s-to-delay-keystone-xl-decision-1.2615062. Protests against KXL continue in the U.S., the latest including U.S. First Nations – see “Keystone Protesters mark Final Roundup – For Now” in Politico at: http://www.politico.com/story/2014/04/keystone-protesters-mark-final-roundup-for-now-106053.html?ml=la.