Court quashes Canada’s approval of pipeline

Court quashes Trudeau’s approval of Trans Mountain pipeline By Mike De Souza in News Energy |
August 30th 2018

Court quashes Trudeau’s approval of Trans Mountain pipeline By Mike De Souza in News Energy | August 30th 2018

So as to the bottom line, according to CBC Canada, the pipeline project has been left in limbo until the energy regulator and the government reassesses their approvals and they meet with the approval of the court.

August 30, 2018: The Federal Court of Appeal overturns the Trudeau government's approval of the contentious Trans Mountain pipeline expansion.

Trudeau's government introduced a federal carbon tax earlier this year to curb greenhouse gas emissions, set to rise steadily from Can$10 ($7.50) per tonne this year to Can$50 per tonne in 2022.

Bobocel says the ball is now in the federal government's court, so Canada's entire business community will be watching closely as to how the government manages this decision. "During the election campaign, I said that my government would do what it could to protect those things that are important to British Columbians and I believe that this case takes us in that direction".

The court's ruling doesn't substantially change legal precedent - which has continued to evolve since court rulings in the early 2000s delivered enhanced recognition of the Crown's constitutional obligation to consult, and in some cases, accommodate Indigenous communities - but adds clarity to the threshold required to genuinely understand the concerns of the Indigenous applicants, said David Wright, who teaches resource and Indigenous law at the University of Calgary. In the decision written by Justice Eleanor Dawson, the court found the "National Energy Board's assessment of the project was so flawed that it should not have been relied on by the federal cabinet when it gave final approval to proceed in November 2016".

Trudeau took a political gamble when his government approved the project in 2016 after an environmental review, saying it was in the "national interest" as it would help ease Canada's reliance on the USA market, and get a better price for its crude oil. The Westridge Marine Terminal is built and commissioned in Burnaby, B.C. That, in turn, meant that the energy board did not assess the potential impact of increased tanker traffic on the southern resident killer whale population.

The Federal Court of Appeal has stopped the Trans Mountain Pipeline Expansion project in its tracks.

Most of the additional capacity would be destined for points overseas.

He also asked Prime Minister Justin Trudeau and his colleagues to look at any legislative avenues to see the project continue with construction.

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Following today's ruling, shareholders at Kinder Morgan Canada voted 99 per cent in favour of selling Trans Mountain to the federal government.

"We want to make sure the project proceeds, but we want to make sure it moves ahead in the right way", he added, explaining that the government would review the ruling to see how it can address environmental and indigenous concerns. "So we will be considering our next steps in light of that".

"When a project like this is under review, it's the federal government's job to ensure there are clear goalposts".

The twinning of the existing pipeline would almost triple its capacity to an estimated 890,000 barrels a day and increase traffic off B.C.'s coast from approximately five tankers to 34 tankers a month.

May 15, 2017: The Federal Court of Appeal grants Notley's government intervener status in a lawsuit filed by municipalities and First Nations against the project.

"With the Trans Mountain halted and the work on it halted, until the federal government gets its act together, Alberta is pulling out of the federal climate plan", she said. The court did not specify a timeline. "The court decision actually said the process we put in place was a distinct improvement".

"The end result may be a short delay, but, through possible accommodation the corrected consultation may further the objective of reconciliation with Indigenous peoples".

The NEB will have to restart its review of the expansion project.

McKay Métis president Ron Quintal said the big lesson from the ruling is that a factor has been identified in "a flawed system that has failed the Indigenous people of this country".

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