Pipeline obstacles come from many directions
Kinder Morgan’s $7.4-billion Trans Mountain pipeline expansion project has been buffeted by court challenges and the threat of new regulatory hurdles, piled on by protesters, First Nations and even the B.C. government.
As Kinder Morgan takes a breath to decide whether it can proceed with the project, let us review the challenges that lie ahead:
POINT FIVE
Premier John Horgan’s threat to unilaterally restrict the volume of Alberta bitumen shipped through B.C. has been shelved, but the notorious Point Five in his plan to frustrate the pipeline is headed to court. The province has hired top lawyer Joseph Arvay to prepare a constitutional reference case that could determine the extent of B.C.’s right to regulate the products passing through pipelines.
FIRST NATIONS ET AL
The Tsleil-Waututh took the lead on a First Nations appeal of the National Energy Board’s approval of Trans Mountain in the Federal Court of Appeal. The Tsleil-Waututh and other First Nations have argued unfairness, inadequate consultation and errors in environmental assessments. The court consolidated 14 similar challenges into a single case and heard arguments last October.
WHALES
Raincoast Foundation and Living Oceans, as part of the consolidated judicial review heard in October, argued that the pipeline poses an unacceptable risk to southern resident orcas.
BAD CERTIFICATE
The Squamish Nation was granted a judicial review of the B.C. government’s decision to approve the Trans Mountain project, and ar- gued last November that Victoria failed to properly consult them, and failed to provide adequate information of the safety risks associated with the pipeline expansion in issuing an environmental assessment certificate. A decision from the B.C. Supreme Court is expected soon.
BAD CERTIFICATE, TOO
The City of Vancouver is also seeking an order to set aside the environmental assessment certificate issued by the previous provincial government, arguing that no proper modelling exists on the effects of a bitumen spill, making it impossible to know how to respond to such an accident. The B.C. Supreme Court hasn’t yet delivered a decision.
BURNABY, AGAIN
This one is getting complicated. The City of Burnaby has filed an appeal to the Supreme Court of Canada after the Federal Court of Appeal nixed its planned appeal of the National Energy Board’s decision to exempt Trans Mountain from the city’s zoning and tree bylaws. The province is still deciding whether it will join Burnaby’s appeal after also being denied permission by the Federal Court of Appeal to pursue its side of the jurisdictional argument.
YOU, THE PEOPLE
The province has launched a public consultation on the first four points on Horgan’s wish list on oil transportation safety, including oil-spill response times, local response in sensitive areas, compensation after a spill, and maximizing application of emergency regulatory powers.
The online engagement phase continues through April 30. Government officials are meeting with First Nations, industry and other affected stakeholders through April and May.