Even if feds approve pipeline, hurdles remain
Many conditions: The biggest obstacle will be gaining First Nations approval
One could build a good case against the chances for the Enbridge Northern Gateway pipeline just from the doubts raised by Premier Christy Clark over the past two years.
Clark weighed in with her first serious concerns about the multi- billion- dollar project in July 2012, the year after she took office as premier.
Whereas her predecessor, Gordon Campbell, had deferred approval to the federal government, she announced five conditions that needed to be met before her B. C. Liberal government would support it or any other project for transporting heavy oil through the province and/ or along the coast.
The first of the five was “successful completion of the environmental review process” then pending before the federally appointed National Energy Board.
The Clark government then launched into that process with its own legal team, seeking reassurances regarding the next two conditions — the need for “world leading oil spill response, prevention and recovery systems” in the coastal marine environment ( 2) and on land ( 3).
After cross- examining representatives for the proponent, Enbridge, at hearings in Alberta and B. C., the province was not long in expressing dissatisfaction with the answers that were given.
“The responses from Enbridge Northern Gateway representatives to cross- examination by our legal counsel are too often incomplete and lacking in commitment,” complained then Environment Minister Terry Lake after hearings in October 2012.
“The company needs to show British Columbians that they have practical solutions to the environmental risks and concerns that have been raised. So far they have not done that … The company is not giving us much reason to have confidence that they can deliver on their promises.”
He was still expressing misgivings five months later when the province wrapped up its questioning: “We didn’t get as much information as we hoped on how they intend to deliver the world- leading spill prevention, response and remediation that we require.”
Those doubts translated into a damning report on the project and its proponent, released just after the B. C. Liberals were reelected in May 2013.
Amid multiple citations for inadequate answers and halfbaked commitments, the report highlighted Enbridge’s dismal handling of an massive oil spill in Michigan as evidence that the company simply could not be trusted.
“Enbridge has not demonstrated its ability to learn from its mistakes in order to avoid spills,” the B. C. brief said.
Bottom line: “The challenges posed by the pipeline route, the nature of the product being shipped, the conceptual nature of its plans to date and Enbridge’s track record mean that the province is not able to support this project’s approval at this time.”
The report drew glowing reviews from such critics of the project as Andrew Weaver, then newly elected as the province’s first Green MLA. “Superb” he called it. “The province did an outstanding job.”
In the year since the province put down that marker with its reservations about Northern Gateway, the NEB has reported its own 209 subject- to conditions that would need to be met if the project goes ahead.
Now the federal government is poised to announce its own decision on the NEB recommendations, with many observers expecting approval subject to the 209 conditions, though there’s been some speculation about a delaying action.
Even with federal approval, the start of construction would still be many months and probably years away. Recognizing that, the B. C. Liberals are not likely to do more by way of a response than provide an update on the provincial preconditions.
They would acknowledge progress on pipeline and tanker safety, though serious concerns remain on both fronts. Plus there are the other two conditions:
4. “Legal requirements regarding aboriginal and treaty rights are addressed, and First Nations are provided with the opportunities, information and resources necessary to participate in and benefit from the project.”
5. “B. C. receives a fair share of the fiscal and economic benefits of a proposed heavy oil project that reflects the level, degree and nature of the risk borne by the province, the environment and taxpayers.”
The latter received the most attention in Alberta where it was seen as a grab for provincial oil royalties until Clark belatedly clarified that it was not.
But condition No. 4 is the greater obstacle, given Enbridge’s belated and inadequate outreach to the many First Nations whose traditional territories lie along the proposed pipeline route and/ or the affected regions on the coast.
“B. C. expects the proponent to build strong, enduring relationships with First Nations potentially affected by the Northern Gateway project,” the Clark government declared two years ago. “Through those relationships there should be discussion of possible impacts on aboriginal rights, implementation of measures that would mitigate those impacts and the development of impact management and benefit agreements.”
None of which has been accomplished to the satisfaction of the province, never mind the affected First Nations. Even if Ottawa does green light the project, Northern Gateway is more likely to generate massive action in the courts before it ever produces a shovel in the ground.