Title : Back To Burnaby; Back To Court -- August 28, 2018
link : Back To Burnaby; Back To Court -- August 28, 2018
Back To Burnaby; Back To Court -- August 28, 2018
From The Vancouver Sun:A long-awaited court decision coming Thursday will dictate the future of the controversial $9.3- billion Trans Mountain oil pipeline expansion.
The outcome will provide either relatively smooth sailing, at least legally speaking; or more bumpy waters; or, potentially, the project’s death knell.
It’s the biggest legal decision yet of challenges by First Nations and other critics of the approval by Justin Trudeau’s federal Liberal government and the National Energy Board.
The mega-project — supported by business groups in B.C., as well as some unions and First Nations — will triple capacity and is meant to open new markets for crude from the Alberta oilsands in energy-hungry Asia.
The Federal Court of Appeal decision has ramifications for further delays of the expansion, which the company has said has already been delayed by protest and permit challenges.
The court will decide whether several First Nations, including the Tsleil-Waututh and Squamish, were adequately consulted, as well as whether orcas have been properly protected.
Other challenges in B.C. Supreme Court have already been rejected, including by the Squamish Nation and the City of Burnaby.
George Hoberg, a professor at the University of B.C.’s School of Public Policy and Global Affairs, said Thursday’s decision is crucial.
“The City of Burnaby decision … that was small fry compared to this.”
Hoberg anticipates three possible outcomes: the project gets the general blessing of the court, validating the review and consultation process; the review process is criticized but not invalidated; or approval is quashed.
In 2016, in a similar challenge of Enbridge’s $7.9-billion Northern Gateway oil pipeline, the federal court found inadequate First Nation consultation, which all but ended that project.
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