BC retains counsel to fight Trans Mountain pipeline project

BC retains counsel to fight Trans Mountain pipeline project

The British Columbia government wants to join the legal fight against the expansion of the Trans Mountain pipeline.

"We are committed to fighting for B.C.'s interests and it is government's desire to seek intervenor status in legal challenges to federal approval of the pipeline expansion and increased oil tanker traffic off B.C.'s coast", said Eby. Not all conditions have been met, Heyman said.

This relates to the fact that Kinder Morgan has to meet certain requirements according to the environmental assessment certificate issued by the previous government, he said.

However, late last month, Eby said the government would not deliberately stall permits for the project, over concerns it could land them in court. There are eight of them.

"Until those plans are completed, Kinder Morgan, with the exception of private land and with the exception of some clearing of right of way, can not put shovels in the ground". "They will be in violation of their environmental certificate".

There are now two legal challenges that will soon come before the courts.

In addition, the Squamish First Nation has gone to court to challenge the adequacy of the consultation process by the province.

The project's prospect has become more uncertain after a left-leaning government took power in British Columbia in June, although the administration has since softened its rhetoric. Kinder Morgan Canada's stock price fell 3.6% in trading on Toronto stock market, closing the session at C$17.28.

BC retains counsel to fight Trans Mountain pipeline project

"We'll be reviewing our environmental standards in British Columbia as well as our standards for First Nations consultation", he said.

"He is an expert in this area of law, recognized internationally for his work", Eby said.

As well, the Squamish First Nation has a court challenge related to inadequate consultation by Kinder Morgan on its project, which proposes to nearly triple the number of barrels of oil shipped per day from Edmonton to the shores of Burrard Inlet, increasing from 300,000 to 890,000. That case will begin in November in federal court. "I think the courts would look unfavorably on any government using the duty to consult as a foil, particularly if significant third party rights are involved".

Stopping the Kinder Morgan pipeline project was also a part of the NDP-Green confidence and supply agreement in the minority legislature.

Kinder Morgan recently announced it would begin construction on portions of the pipeline in September.

"We are committed to working with the province and permitting authorities in our ongoing process of seeking and obtaining necessary permits and permissions", president Ian Anderson said in a news release.

The first is a judicial review of the National Energy Board's recommendation to go ahead with the project.

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