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Canada’s Top Court Dismisses Burnaby Case Against Trans Mountain Pipeline

Canada’s Top Court Dismisses Burnaby Case Against Trans Mountain Pipeline

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Canada’s Supreme Court on Thursday dismissed an appeal by the City of Burnaby—the planned end point of the Trans Mountain pipeline expansion in British Columbia on the Pacific coast, clearing another legal hurdle for the project, which still faces several lawsuits at various Canadian courts.

The City of Burnaby was seeking to overturn a decision by Canada’s National Energy Board (NEB), which ruled in favor of Kinder Morgan in December last year, saying the company is not required to comply with two sections of the City of Burnaby’s bylaws as it was preparing to begin construction of the Trans Mountain Expansion Project. The NEB found that Burnaby’s bylaw review process was unreasonable and caused an unreasonable delay.

The Trans Mountain expansion has become one of the most controversial pipeline projects in North America as it pitted two provinces—Alberta and British Columbia—against each other.

Alberta’s heavy oil producers need more pipeline capacity as their production grows, but pipeline capacity has stayed the same. British Columbia’s NDP government, which came into office last year, however, is against any new oil pipelines, although it doesn’t mind all the crude it currently gets from the existing pipeline.

The fierce opposition in British Columbia has forced Kinder Morgan to reconsider its commitment to expand the Trans Mountain pipeline, and to sell the project to the Canadian government.

“We’re disappointed that the courts seem unwilling to review decisions made by the National Energy Board that hamper municipal jurisdiction,” Burnaby Mayor Derek Corrigan said, commenting on today’s court ruling.

“Burnaby is not going away. We intend to continue to oppose this project with all legal means available to us, and will be continuing with our other legal challenges,” Corrigan added.

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Kinder Morgan leaves Burnaby Mountain in win for pipeline protesters – Waging Nonviolence

Kinder Morgan leaves Burnaby Mountain in win for pipeline protesters – Waging Nonviolence.

On the morning of November 28, after weeks of sustained protest, energy infrastructure company Kinder Morgan packed up the equipment it had planned to use in the construction of a new pipeline on Burnaby Mountain in British Columbia, and left without finishing the job.

Weeks earlier, the company had legally declared a “no protest zone” — valid through December 1 — to keep protesters away from the mountainside construction sites on the grounds that their presence would present a safety hazard and undue expenses. When that wasn’t enough, they filed an application with the British Columbia Supreme Court to extend the injunction for another two weeks. But the court rejectedtheir application, when it was revealed that Kinder Morgan had provided the wrong GPS coordinates for the injunction zone. As a result, charges were also lifted from the over 100 people arrested for civil contempt due to a lack of clarity around where they could and could not be on the mountain.

Most importantly, the ruling means that Kinder Morgan can no longer continue construction on the site, as it has no legal grounds to do so. According to Reuters, the project would have more than tripled the volume of the existing Trans Mountain pipeline, which transports an estimated 300,000 barrels of tar sands oil daily through Alberta and British Columbia.

…click on the above link to read the rest of the article…

Kinder Morgan Begins Survey Work On Burnaby Mountain As Protests Continue

Kinder Morgan Begins Survey Work On Burnaby Mountain As Protests Continue.

BURNABY, B.C. – First Nations vowed to stand in unity with protesters as police kept up arrests Friday in a Metro Vancouver conservation area where crews resumed survey work for the proposed Trans Mountain pipeline expansion.

Shortly after activists announced they would do whatever it takes to stymie the project, a group began marching up Burnaby Mountain in the pouring rain.

More arrests quickly followed.

Charlene Aleck, a Tsleil-Waututh councillor, told a gathering of protesters at the base of the mountain that members of her First Nations band would join the actions aimed at protecting their homeland and waters.

“For the Tsleil-Waututh nation, it is our sacred obligation,” she said to a cheering crowd. “In our shared opposition to Kinder Morgan, we are many people paddling one canoe. Our united opposition and the sum of our collective voices will ensure this pipeline is never built.”

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