Pipes are seen at the Kinder Morgan Trans Mountain facility in Edmonton, Thursday, April 6, 2017. THE CANADIAN PRESS/Jonathan Hayward

Groups preparing new pipeline legal challenge, argue government’s mind made up

A Vancouver-based environment charity is readying itself to go back to court if the federal government reapproves the Trans Mountain pipeline expansion.

A Vancouver-based environment charity is readying itself to go back to court if — or they believe when — the federal government re-approves the Trans Mountain pipeline expansion next year.

The Wilderness Committee returned $25,000 in participant funding to the National Energy Board last month citing the short timeline for the board’s new review on the marine impacts of the proposed expansion.

Peter McCartney, climate campaigner for the committee, says the timelines are so short it underscores his belief the government is doing this just to fulfil the Federal Court of Appeal’s concerns with the original review, rather than to seriously reconsider the approval given to the project.

“They’re going through the motions but they’ve already made up their mind,” he said. “I don’t know what confidence they’re trying to inspire in people to trust this review.”

Prime Minister Justin Trudeau has said many times the pipeline is going to be built. His government stepped in to buy it and build the expansion itself when political opposition left Kinder Morgan and its shareholders unwilling to continue. In an interview last week Trudeau said any decision to move forward again will be made as the review process is completed.

“What’s at issue here is not just this pipeline,” he said. “It’s our capacity as a country to get our resources to market.”

However, McCartney said the government’s actions suggest the Liberals are going to approve it again no matter what and he warned they should expect another lawsuit as a result.

“Absolutely there will be,” he said. “People are already talking about that.”

Read more: New Trans Mountain pipeline review doomed to fail: Vancouver mayor-elect

Read more: Energy assessment law needed to avoid another Trans Mountain impasse, PM says

The federal cabinet approved Trans Mountain in the fall of 2016. That approval was challenged by several environment groups and Indigenous communities who argued the original review didn’t properly consider impacts on marine life from the extra oil tankers required to carry more oil away from the marine terminal where the pipeline ends.

Indigenous communities also felt their concerns had not been addressed as is required by the constitutional duty to consult them.

The Federal Court of Appeal agreed and in August tore up the cabinet’s approval for the project, halting construction in its tracks.

In response, the federal Liberals ordered a new round of Indigenous consultations and also asked the NEB to go back and do a more thorough look at marine impacts. There is no specific timeline for the Indigenous consultations but the government gave the NEB only until Feb. 22 to complete its work.

The NEB’s original review did conclude that there would be negative impacts on marine life, including killer whales. But the board said marine impacts were outside its jurisdiction and, therefore, had no impact on its decision to approve the project.

McCartney said the Feb. 22 deadline is just way too short for a thorough review. Accordingly, his organization withdrew from the review and returned the funding given to help it gather research to make its case.

Conservative natural resources critic Shannon Stubbs said the fact that environment groups are already planning another lawsuit is proof of the energy industry’s contention that environmentalists don’t want proper consideration given to the project, but rather want to delay it enough to eventually kill it.

“They will just do everything to stop it.”

Mia Rabson, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Fraser Valley Regional Library branches offer curbside pick up

After two and a half months of being closed, people can once again check books out of the library

Environment Canada warns of ‘severe thunderstorms’ in Fraser Canyon

Weather agency says thunderstorms with strong wind, heavy rain and large hail expected

Pedestrian struck in late-night collision on Highway 1 in Hope

RCMP were on scene at the incident near Flood Hope Road where traffic was rerouted for eight hours

Nahatlatch, Silver Lake and other parks to open Monday, Othello Tunnels stay closed

More options for day-use and camping, starting June 1, in Hope, Fraser Canyon and Manning

Mission prison COVID-19 outbreak declared over

Dr. Bonnie Henry hails work done to halt outbreak, which saw more than 130 people contract COVID-19

QUIZ: Test your knowledge of the world of summer sports

In a typical year, there are plenty of summer sporting events and tournaments held across Canada

Police watchdog investigating death of man in Delta

Independent Investigations Office asking for witnesses to May 29 incident at Tsawwassen ferry terminal

Surrey mayor’s party under fire for ‘sickening’ tweet accusing northern B.C. RCMP of murder

Mayor Doug McCallum says tweet, Facebook post ‘sent out by unauthorized person’

Father’s Day Walk Run for prostate cancer will be virtual event this year throughout B.C.

The annual fundraiser for Prostate Cancer Foundation BC has brought in $2.5 million since 1999

Dr. Bonnie Henry announces official ban on overnight kids’ camps this summer

New ban comes after talking with other provincial health officials across the country, Henry says

Senior man in hospital after unprovoked wolf attack near Prince Rupert

Conservation officers are on site looking for the wolf

VIDEO: NASA astronauts blast off into space on SpaceX rocket

Marks NASA’s first human spaceflight launched from U.S. soil in nearly a decade

‘I knew what he wanted’: Kootenay man spends hours in tree as black bear patrols below

Francis Levasseur is no stranger to the outdoors, but a recent run-in with a bear caused quite a scare

B.C.’s police watchdog probing death of Richmond man in alleged shoplifting incident

Independent Investigations Office of B.C. is asking any witnesses to come forward

Most Read