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

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

A concrete seawall built to prevent erosion on a property on Driftwood Drive on Mudge Island. (Islands Trust image)
Appeal Court says Mudge Island homeowners’ seawall has to go

Court decides right to guard against erosion isn’t a ‘privileged’ property right

McDonald’s on Nicol Street in Nanaimo. (News Bulletin file photo)
McDonald’s in Nanaimo reports COVID-19 case

Employee at Nicol Street location last worked Jan. 17

This coming Thursday, Jan. 28, is Bell Let’s Talk Day, and conversations about mental health would serve many of us well as the pandemic persists. (Zackary Drucker/The Gender Spectrum Collection)
Editorial: Let’s talk about our mental health in a pandemic

Bell Let’s Talk Day is Thursday, Jan. 28

Nanaimo RCMP are looking for Peter Ludvigson who is wanted on a Canada-wide warrant. (Photo submitted)
Nanaimo man wanted, police say he violated terms of his release

Warrant out for 45-year-old Peter Ludvigson

Nanaimo’s Fiddelium fiddle ensemble, seen here at a fiddle workshop with visiting instructors Gordon Stobbe and J.J. Guy this summer, is recording its first album. (Photo courtesy Trish Horrocks)
Nanaimo youth fiddle ensemble Fiddelium recording first album

Fiddlers recording their parts one at a time in observance of COVID-19 safety

Rolling seven-day average of cases by B.C. health authority to Jan. 21. Fraser Health in purple, Vancouver Coastal red, Interior Health orange, Northern Health green and Vancouver Island blue. (B.C. Centre for Disease Control)
2nd COVID vaccine doses on hold as B.C. delivery delayed again

New COVID-19 cases slowing in Fraser Health region

Tahsis mayor Martin Davis stands with an old-growth tree in McKelvie Creek Valley. The village of Tahsis signed a Letter of Understanding with forestry company Western Forest Products to establish McKelvie watershed as a protected area. Photo courtesy, TJ Watt.
Landmark deal expected to protect Tahsis watershed from logging

Tahsis and WFP agree on letter of understanding to preserve McKelvie Creek Valley within TFL 19

FILE – Canadian Prime Minister Justin Trudeau delivers his opening remarks at a news conference outside Rideau cottage in Ottawa, Tuesday, January 19, 2021. THE CANADIAN PRESS/Adrian Wyld
Vaccine CEO ‘very, very clear’ that Canada’s contracts will be honoured: Trudeau

Trudeau says he spoke to Moderna CEO on the morning of Jan. 26

Ben Tyler was working on a Nicola area ranch when he disappeared. File photo
Ben Tyler was working on a Nicola area ranch when he disappeared. File photo
2 years after his riderless horse was found, police believe Merritt cowboy was killed

Two years after he went missing, Ben Tyner’s family makes video plea for information

A ground worker wearing a face mask to curb the spread of COVID-19 unloads lobsters from a WestJet Airlines flight at Vancouver International Airport, in Richmond, B.C., on Thursday, January 21, 2021. THE CANADIAN PRESS/Darryl Dyck
Trudeau teases stricter travel measures; Canadians flying to U.S. now need COVID test

Prime minister says measures need to not hurt imports and essential trade

Seats in the waiting area of domestic departures lounge of Calgary International Airport are seen with caution tape on them on June 9, 2020. THE CANADIAN PRESS/Jonathan Hayward
3-in-4 Canadians in favour of banning interprovincial travel: Poll

According to Research Co., 80 per cent of Canadians would like to see restrictions imposed

The shirts sell for $45, with 30 per cent of proceeds from each sale going to Battered Women’s Support Services in Vancouver. (Madame Premier/Sarah Elder-Chamanara)
Canadian company launches ‘hysterical’ T-Shirt to combat health officials’ use of word

A partnership with Tamara Taggart will see women broadcast the word on a T-shirt or tote bag

ICBC has seen savings on crash and injury claims in the COVID-19 pandemic, with traffic on B.C. roads reduced. (Penticton Western News)
ICBC opens online calculator for rate savings starting in May

Bypassing courts expected to save 20% on average

(AP Photo/Elaine Thompson, File)
16% boom predicted for B.C. real estate sales in 2021: experts

Along with sales, the average price of homes is also predicted to rise, by nearly 8 percent

Most Read