Alberta pulling out of Trudeau climate plan over Trans Mountain

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

The court ruling that has halted the Trans Mountain pipeline expansion has seismic implications to the Canadian socio-political and environmental landscape.

In a unanimous decision by a panel of three judges, the federal court of appeal ruled the National Energy Board (NEB) did not properly consult with First Nations about Kinder Morgan's pipeline project.

Ottawa said it would acquire the existing 300,000-barrel-a-day pipeline and the expansion project earlier this year in a $4.5-billion deal after Houston-based Kinder Morgan Inc. threatened to scrap the expansion.

The Federal Court of Appeal has quashed approval of the $9.3-billion Trans Mountain oil pipeline expansion on two grounds.

Less than an hour later, Kinder Morgan Canada shareholders voted by a margin of 99 per cent to approve the sale of the pipeline and expansion-related infrastructure. "However, we remain hopeful that the federal government will take the necessary steps to ensure the project can proceed in a timely manner".

The court said the NEB - an independent regulatory body that oversees permits for oil and gas projects - did not take into account an increase in tanker traffic off the coast of British Columbia as a result of the pipeline's expansion.

Lee Spahan, chief of the Coldwater First Nation in the Nicola Valley - which he said is known as the people of the creek - said the ruling helps save water.

Under the Constitution, Canada has a "duty to consult" and accommodate Indigenous people when a project may impact their Aboriginal or treaty rights.

But it was the equivalent of putting a bandage on a gaping wound and ultimately, the cabinet signed off on something it should not have, the court ruled.

December 16, 2013: An application is made to the National Energy Board (NEB) to expand the Trans Mountain pipeline.

The court decision means a delay, not a death knell, for the project, said David Wright, an energy and Indigenous law expert at the University of Calgary.

Trump Organization's Chief Financial Officer Granted Immunity
Jerry Falwell Jr., the president of Liberty University and a Trump confidant, shrugged off the legal developments. Cohen pleaded guilty on Tuesday to handling hush money for Mr Trump in violation of campaign finance laws.

Thursday's decision came as a long-awaited victory for First Nations groups, dozens of environmentalist organizations and the city of Vancouver, which filed the legal challenge together.

The Trans Mountain pipeline project is now in limbo, as the court has ordered the federal government to fix the tanker-traffic omission and re-do the consultation process with Indigenous peoples.

Prime Minister Justin Trudeau has hailed the expansion as a key to reducing Canada's reliance on US oil and boosting exports to Asia, and said it would create up to 15,000 jobs. "It is time for Prime Minister Trudeau to do the right thing", the band said in a statement.

Federal Finance Minister Bill Morneau said his government plans to go ahead with the buyout but has yet to decide exactly how it will respond to the ruling.

That failure "was so critical that the Governor in Council could not functionally make the kind of assessment of the project's environmental effects and the public interest that the (environmental assessment) legislation requires", says the ruling written by Justice Eleanor Dawson.

Kinder Morgan had won several court victories, including one last week when the Supreme Court of Canada dismissed an application from the City of Burnaby to overturn a lower court decision.

"It would put these whales in even greater jeopardy in terms of pushing them towards extinction", said Genovali.

Chief Bob Chamberlin, vice-president of the Union of British Columbia Indian Chiefs (UBCIC), said the ruling is "a major win with impacts that will be felt across the country".

January 30, 2018: B.C. government moves to restrict any increase in diluted bitumen shipments until it conducts more spill response studies, a move that increases the uncertainty for Trans Mountain.

Meanwhile B.C. Premier John Horgan told reporters the court case "has always been about First Nations rights" and congratulated the involved Indigenous groups.

The decision will hurt Canada's oil producers, who said the expanded pipeline was needed to address bottlenecks that had sharply reduced prices for their crude.

Related News:

Most liked

Frank Field says Labour has threatened to kick him out of party
A number of Mr Field's Labour colleagues have praised him and expressed their own concerns about their party. In the letter he said allegations made to Labour about bullying had resulted in "no decisive action".

Aretha Franklin: Stars and fans gather for funeral
She stood on the front lines of the civil rights movement, where her music served as a frequent anthem. Clad in all black with silver jewelry, Hill had the crowd on their feet during her performance.

Major League Baseball trade rumors: Yankees trying to finalize deal for Andrew McCutchen
The Giants were never going to put a qualifying offer on McCutchen, but they still could try to bring him back in the offseason. The trade is expected to be completed by Friday, the deadline for players on new teams to be eligible for postseason rosters.

DC Universe To Launch Streaming Service On Batman Day
Other content available on the streaming platform includes various digital comics and animated shows such as Young Justice . DC Entertainment has officially released a brand new set of images from the upcoming DC Universe flagship series Titans .

Puerto Rico's death toll from Hurricane Maria raised to almost 3,000
Additional research must be done to understand how the hurricane was involved in the excess deaths identified in this study. The report, "Ascertainment of the Estimated Excess Mortality from Hurricane Maria in Puerto Rico", can be accessed here .

Wawrinka, Murray back with a bang
The item had more than 4 million views by Monday evening, when Williams beat Magda Linette 6-4, 6-0 in the first round of the U.S. Spaniard David Ferrer retired during the second set of his opening-round match against countryman Rafael Nadal at the U.S.

Russian Federation to hold biggest war games since Cold War
All Russia's airborne units and two of its naval fleets would also take part in the drills across Siberia and the Russian Far East.

Google responds to Trump, says no political motive in search results
Trump has long criticized news media coverage of him, frequently using the term fake news to describe critical reports. He wrote, "Google & others are suppressing voices of Conservatives and hiding information and news that is good".

Serena Williams Creates Vegan Clothing Line to Empower Women
Cornet said she was stunned that the furor had caused so much controversy and was happy to accept the USTA's apology. The good thing is nobody knows who's going to win. 'I think it's very fair from them to apologise to me.

Ryan Giggs: 'Jose Mourinho is the right man for Manchester United'
A furious Mourinho stormed out of his post-match press conference after taking exception to a journalist's line of questioning. Martial is considering the offer because he believes a five-year contract will see him outlast Mourinho , the Times claim.

Alize Cornet hit with code violation for changing shirt on court
Open said in a statement on Wednesday . "We regret that a code violation was assessed to Miss Cornet yesterday". Former Australian tennis player, Casey Dellacqua, responded to Murray's tweet and wrote: "Ridiculous".

White House Counsel Don McGahn to Step Down, Trump Confirms
The New Jersey native had been a partner at Jones Day, one of the world's largest law firms. The president later denounced the reports as "fake news".

First Gameplay Footage Of Cyberpunk 2077 Is Released Online
The highly anticipated game from CD Project Red, creators of the Witcher series, has had a few cinematic trailers before. Apparently, you will be able to "interact" with the people of Night City (the game's setting) in a variety of ways.

Hawaii | Residents brace themselves as hurricane strengthens
Hawaii Island is under a tropical storm warning as Lane remains nearly stationary about 145 miles west/southwest of Kailua-Kona. On the Big Island , where a hurricane warning was earlier issued by the NWS, more than 12in (30cm) of rain fell on Thursday.

Neil Simon, prolific playwright and screenwriter, dies at 91
In a 1997 interview with The Washington Post , Simon noted: "I know that I have reached the pinnacle of rewards". American playwright Neil Simon has passed away at the age of 91, Just Jared can confirm.