First Nation challenge to B.C. pipeline

B.C. First Nation launches legal challenge over Kinder Morgan pipeline

By James Keller, The Canadian Press

NORTH VANCOUVER, B.C. – A British Columbia First Nation is turning to the courts in an attempt to delay — and ultimately stop — a controversial pipeline project that will run through its traditional territory.

The Tsleil-Waututh Nation is targeting the National Energy Board’s review of Kinder Morgan’s proposed expansion of its Trans Mountain pipeline, which would nearly triple the capacity of an existing pipeline that runs to the Vancouver area from Alberta’s oil sands.

The energy board plans to start its review of the project in August, hearing from more than 1,000 people, groups and communities, roughly 400 of which will be considered official interveners. The board is set to hear aboriginal evidence this fall, with wider hearings scheduled to begin next January.

But the Tsleil-Waututh’s legal challenge, which was expected to be filed with the Federal Court of Appeal on Friday, alleges the federal government and the energy board both failed to adequately consult the band before setting the terms of the review.

While the band’s appeal, if successful, could force the National Energy Board to rewrite the terms of the review, Tsleil-Waututh leaders made it clear on Friday their ultimate goal is to shut down the project altogether.

Rueben George, who is spearheading the band’s opposition to the Kinder Morgan pipeline expansion under the banner of the Sacred Trust Initiative, said the National Energy Board review process is one-sided and designed to ensure projects are approved.

If the review was improved to properly consider the interests of First Nations people, George argued, the board would have little choice but to reject the pipeline.

“It’s a flawed process and an unjust process,” George told a news conference on the shores of North Vancouver, across the Burrard Inlet from Kinder Morgan’s oil terminal in Burnaby.

“We believe that if it was fair and they included Canadian people and the First Nations people, it (board’s eventual decision) would come out different.”

Tsleil-Waututh Chief Maureen Thomas said the band hopes to delay the project long enough to galvanize other First Nations and the public to oppose it.

The federal Justice Department said the government hadn’t yet received the lawsuit. The National Energy Board declined to comment on a case that will be before the courts.

A spokesperson for Kinder Morgan wasn’t immediately available.

Texas-based Kinder Morgan’s $5.4-billion pipeline expansion would leave it with the capacity to transport up to 890,000 barrels of Alberta oil per day to the company’s terminal in Burnaby. Currently, the pipeline’s daily capacity is 300,000 barrels.

Opposition to the pipeline expansion has been growing since the company formally filed its National Energy Board application last December, with First Nations communities and environmental groups lining up against it.

Under the current timeline, the board has until July 2015 to complete its report and recommendations for the federal government. If approved, the company plans to have the expanded pipeline operational by late 2017.

The debate over the Kinder Morgan pipeline follows similar complaints levelled against Enbridge’s proposed Northern Gateway pipeline between the Alberta oil sands and Kitimat, on B.C.’s northern coast.

A federal review panel recommended Enbridge’s $7-billion pipeline proposal be approved, subject to more than 200 conditions. The federal government is expected to announce a decision in June.

The Northern Gateway project is facing at least 10 lawsuits from a range of opponents including First Nations and environmental groups.

Last month, residents of Kitimat voted against Northern Gateway in a non-binding plebiscite.


Follow @ByJamesKeller on Twitter

Just Posted

Hope stylist holds hair-athon for a good cause

Shayla Ross donating all proceeds of $10 cuts to the food bank

Hope arena turns green for hockey tourney

A second attempt at green ice, with proper ice paint, after food colouring experiment last year

Project Hope celebrates first birthday

Also: lego-mania comes to town, lineup of all-female comedians entertains Friday

New Hope clothing store loses $6,700 after early morning break-in

Broke Buckle Clothing Company owners hold “dirty deeds” sale after loss

Former Fraser-Cascade teacher disciplined for asking student if she was ‘horny’

Boston Bar teacher repeatedly swore, raised his voice and made lewd comments

Hope stylist holds hair-athon for a good cause

Shayla Ross donating all proceeds of $10 cuts to the food bank

Experts: Society has a role in trying to prevent domestic violence

Experts are speaking out following the murder of a woman and her son in Ontario

Northern lights chasers in Canada discover new type named ‘Steve’

Phenomenon linked to a powerful current created by charged particles in Earth’s upper atmosphere

Progress on fixing Phoenix pay system backlog could be short-lived: Ottawa

Feds have said they won’t try to recover money overpaid until all outstanding issues are fixed

Delta South MLA calls high-speed rail study a ‘crazy announcement’

‘You’d be better off to move to Seattle’ than to travel to Vancouver from the Lower Mainland

Washington state backs B.C. in pipeline dispute

Governor Jay Inslee says he is ‘allied’ with the province on Trans Mountain expansion projection

SAY WHAT? Readers weigh in on high-speed rail to U.S.

B.C. to contribute $300,000 to a million-dollar business study on the proposed project

B.C.-based CEO charged with conspiring to sell unhackable phones to criminals

Vincent Ramos of Richmond, was arrested last week in Seattle in years-long undercover operation

Metro mayors to hike transit fares, property taxes to pay for transit projects

Next phase includes Broadway subway, Surrey LRT and replacement of the Pattullo Bridge

Most Read