Saturday, 17 April, 2021


Notley pulling Alberta out of federal climate plan

Notley pulling Alberta out of federal climate plan Notley pulling Alberta out of federal climate plan
Kristine Garrett | 31 August, 2018, 18:17

The court also said the National Energy Board erred in not considering increased tanker traffic that would result from the project.

This decision came after the government rejected the previously approved $7.9-billion Northern Gateway pipeline in 2016 and imposed new regulatory hurdles on TransCanada's proposed Energy East project, which included consideration of "downstream emissions" that were never part of prior assessments.

"The Trudeau government failed in its rhetoric about reconciliation with First Nations' and this court decision shows that", reads a statement from Khelsilem, councillor and spokesperson for Squamish Nation.

Amid uncertainty, Kinder Morgan agreed to sell the existing pipeline and the expansion project to the federal government this spring.

The court combined into one case almost two dozen lawsuits calling for the energy board's review of Kinder Morgan Canada's project to be overturned.

Notley's visible frustration comes after the Federal Court of Appeal overturned Ottawa's approval of the pipeline Thursday, which would have doubled the line from Edmonton to the B.C. coast and tripled the amount of oil shipped to fetch a better price on overseas markets.

Separately, Kinder Morgan Canada shareholders voted on Thursday to approve the pipeline's sale to Ottawa. "Now they choose the hard way or the harder way", he said.

Christie said the court decision on consultation was based on established law, but another expert said the ruling appeared to shift the requirements for governments.

Environmental groups and First Nations hailed the ruling.

He said he expects the federal government to send the project back to the NEB, as suggested by the federal court.

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".

Earlier this year, in an escalating dispute with the B.C. government over Trans Mountain, Notley's government passed sweeping legislation allowing it to intervene in the marketplace and restrict oil flows if necessary to maximize prices while also sending a sharp message to Canadian regions reliant on Alberta's oil. Canada has the option to appeal the ruling to the Supreme Court.

Notley says the province is pulling out of the federal climate plan until work on the Trans Mountain pipeline resumes and "the federal government gets its act together". "While we want to make sure that the project proceeds, we also want to make sure it moves ahead in the right way".

"The unjustified exclusion of marine shipping from the scope of the project led to successive, unacceptable deficiencies in the board's report and recommendations", Dawson wrote, noting that the Governor in Council "could not rely on the board's report and recommendations when assessing the project's environmental effects and the overall public interest".

The statement says the increased number of tankers passing through the Squamish Nation Territory would heighten the risk of a catastrophic spill.

The ruling also found that the country's energy regulator, the National Energy Board, did not properly consider the impact of increased tanker traffic due to the project. The prime minister held a conference call with premiers to discuss the ongoing renegotiation of the North American Free Trade Agreement.

NDP Leader Jagmeet Singh, Green Party Leader and Saanich-Gulf Islands MP Elizabeth May, and a host of environmental and Aboriginal groups all called on the federal government to admit defeat and cancel the project.

While the project could allow Alberta to get its bitumen to markets in Asia and reduce its reliance on the USA market, there has been opposition over the potential for oil spills and the impact that a dramatic rise in tanker traffic could have on the region's southern resident killer whales, a population already on the knife edge of extinction.

Kinder Morgan had already 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.

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