Court Overturns Kinder Morgan Pipeline Approval

Court Overturns Kinder Morgan Pipeline Approval

Court Overturns Kinder Morgan Pipeline Approval

In its decision, the court also said the federal government failed to meet the minimum standard required in its consultations with Indigenous people.

"It shows Canada might not be as open for business as we thought it is", he says. Given this, it's hard to see how our energy sector will attract investment moving forward.

There's plenty of blame to go around in the epic mishandling of a project of national economic interest and one that should have been a relatively straightforward slam dunk, the twinning of an existing pipeline in operation since 1953. The Squamish Nation called on Prime Minister Justin Trudeau to abandon the proposed expansion.

Ottawa announced in the spring it's plans to buy Trans Mountain and Kinder Morgan Canada's core assets for $4.5 billion to ensure the oilsands pipeline expansion gets built.

Calling it "the fight of our generation", he condemned the "unholy alliance between the government and the resource sector" and, to the laughter of those gathered for Thursday's press conference, he noted the federal government "actually bought the pipeline that nobody wanted and the prime minister is an incredibly awkward moment".

"The project should never have been approved, and we are greatly encouraged that the Federal Court of Appeal has recognised the need for Canada to uphold Indigenous Title and Rights on projects on their territories, and fulfil their commitments to true reconciliation", Chamberlin said in a statement.

Indigenous leaders across Canada welcomed the court's decision.

It was that relationship between the state and First Nations that ultimately led to the decision. "If Canada properly executed it, Canada would have discharged its duty to consult". The court said there was no "meaningful two-way dialogue".

Shortly after the court's ruling was released, Kinder Morgan Canada shareholders voted 99 per cent in favour of the Trans Mountain pipeline sale to Ottawa.

The court combined into one case almost two dozen lawsuits calling for the energy board's review to be overturned. But the ruling Thursday by the Federal Court of Appeals is requiring the government to assess the project's possible impact on southern resident killer whales, which use trans-boundary waters of the Salish Sea. As there are no guarantees projects will be built, even after receiving regulatory and governmental approvals, Canada will be perceived as a less-reliable place for investment.

"I was very pleasantly surprised when I woke up this morning to be able to find that the Kinder Morgan application has been quashed", said Corrigan.

The NEB concluded that the orcas would suffer "adverse effects", but did not consider that in its final decision and so failed in its legal obligation to protect endangered orcas under the Species at Risk Act.

"Certainly it is something that will no longer be top of mind for British Columbians", he said.

Christian says the ball is in the federal government's court. "Things are unpredictable at this stage".

"This pipeline is a critical piece of infrastructure for our nation and it will provide important benefits from coast to coast", Nenshi said in a statement.

"My experience is there's still battle to be fought to make the community and the planet safer", he said.

"Part of me is surprised as a result of it but at the same time I knew that with so many First Nations in court that there was a real possibility that the court would rule as it did".

On Thursday, Morneau said his government inherited a flawed environmental review process from the Harper government and "made efforts to improve it". But he appeared inclined to accept the court's suggested remedy: order the energy board to redo its environmental assessment and redo the government's own consultations with Indigenous Peoples, both of which the court said could be tightly focused and completed relatively quickly.

"If the Federal Court strikes down the permit authorizing the pipeline because of inadequate consultation, or for another reason, then I don't see how the pipeline project can proceed - unless or until the Supreme Court reversed that decision", he said.

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