National Post (National Edition)

B.C. PREMIER CARRIES THROUGH WITH PIPELINE COURT THREAT.

Seeks ruling on assertion of jurisdicti­on over bitumen

- Claudia Cattaneo

Any hope of a reasonable resolution to the Trans Mountain pipeline impasse dimmed Thursday, when a defiant British Columbia Premier John Horgan followed through with a lawsuit to confirm his province has jurisdicti­on to restrict an increase in bitumen shipments.

In other words, Horgan, sounding like a lot like a South American strongman dealing with reckless foreign profiteers, isn’t backing down on his opposition to the federally approved $7.4 billion project, despite: Prime Minister Justin Trudeau’s plan to back it through legislatio­n and financial help, federal environmen­t Minister Catherine McKenna’s offer to set up a joint scientific panel to enhance oil spill research, Alberta’s threat to cut off oil shipments, escalating gasoline prices in the Lower Mainland that are a prelude of things to come if Alberta turns off the oil taps, increasing support for the project by British Columbians, pleas from many First Nations to keep it alive so they can reap benefits negotiated with proponent Kinder Morgan Canada Ltd.

“By issuing this reference today, we are confirming that we believe that we have jurisdicti­on to ensure that if there was a catastroph­ic diluted bitumen spill we have the ability to take steps to protect our economy and our environmen­t,” Horgan told reporters in Victoria. “The fact that a press release was issued from a Texas boardroom giving a deadline to parties in British Columbia, stakeholde­rs as they call them, is entirely their business. And I have no quarrel with that. We have set ourselves on a course to protect the interest of the people of B.C.”

As previously threatened, Horgan, who heads a minority government clinging to power with the support of three Green MLAs, directed his government to file a reference case at the B.C. Court of Appeal to affirm its right to protect the coast.

Specifical­ly, the government asked the court to review proposed amendments to B.C.’s Environmen­tal Management Act that would give it the authority to require a permit of its own — on top of the one the project has obtained from federal regulators — before allowing “hazardous substances” into the province.

The case would clarify whether the province has authority to prevent and manage releases into the environmen­t of substances like diluted bitumen that could endanger human health, the environmen­t or communitie­s, even on federally regulated infrastruc­ture like inter-provincial pipelines or railways.

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