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

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

Interior Health reported 79 new cases of COVID-19 and two new death in the region Friday, Jan. 22, 2021. (Ben Hohenstatt/Juneau Empire)
79 new COVID-19 cases, two deaths reported in Interior Health

Both of Friday’s deaths were both recorded at long-term care homes

Sunnybank in Oliver. (Google Maps)
Sunnybank long-term care in Oliver reports third COVID-19 death

The facility currently has an outbreak with 35 cases attached to it

Veteran Henry Kriwokon has his photo taken by the Western as he celebrates his 99th birthday with friends at the Cellar in Downtown Penticton. (Brennan Phillips - Penticton Western News)
Turning 101, Penticton veteran looks back on life

Henry Kriwokon was one of the soldiers in the famous ‘Wait for me, Daddy’ photo

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

A COVID-19 exposure has been confirmed at Black Mountain Elementary in Kelowna Saturday, Jan. 23, 2021. (Google Image)
Another COVID-19 exposure confirmed at Kelowna school

Interior Health confirmed an exposure at Black Mountain Elementary School Saturday

Members of BCEHS Station 343 in Lake Country receive a donation of treats and wine from the community in December. (Contributed)
‘Unexpected and heartwarming’: Okanagan community supports paramedics

Cards, discounts, treats, more given to Lake Country paramedics in sign of support

A 75-year-old aircraft has been languishing in a parking lot on the campus of the University of the Fraser Valley, but will soon be moved to the B.C. Aviation Museum. (Paul Henderson/ Chilliwack Progress)
Vintage military aircraft moving from Chilliwack to new home at B.C. Aviation Museum

The challenging move to Vancouver Island will be documented by Discovery Channel film crews

The North Okanagan Naturalists' Club completed its annual swan and eagle counts Sunday, Jan. 17, 2021. (Claude Rioux - NONC photo)
North Okanagan bird count shows decrease in swan and eagle numbers

Trumpeter swans were down 61 per cent from last year’s count; eagles down 14 per cent

Okanagan Indian Band Chief Byron Louis has served as the band’s chief since his first of six electoral wins in 1991. (File photo)
Okanagan Indian Band seeks nominations for upcoming election

A new OKIB chief and council will be elected March 30, 2021

Lake Country firefighters helped deliver a healthy newborn baby Thursday, Jan. 21, 2020. (Pixabay)
Lake Country firefighters help deliver baby boy

Firefighters from the Winfield hall assisted with the birth of a healthy newborn Thursday morning

A video posted to social media by Chilliwack resident Rob Iezzi shows a teenager getting kicked in the face after being approached by three suspects on Friday, Jan. 22, 2021. (YouTube/Rob i)
VIDEO: Security cameras capture ‘just one more assault’ near B.C. high school

Third high-school related assault captured by Chilliwack resident’s cameras since beginning of 2021

Skaha Middle School
Arrest made in indecent acts near South Okanagan schools

A 32-year-old man was arrested and released on strict conditions, say police

Most Read