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Is Coastal GasLink an Illegal Pipeline?

Is Coastal GasLink an Illegal Pipeline?

Challenge to energy project’s approval brings threats to Smithers activist.

The $6.2-billion Coastal GasLink pipeline may face a bigger threat than the opposition of Wet’suwet’en hereditary chiefs and protests across Canada.

Smithers resident Michael Sawyer says the project lacks the required federal approvals. He has filed a formal application to require a full National Energy Board (NEB) review.

Last fall the board agreed to consider Sawyer’s challenge.

In April it will hear final arguments on the question of whether the pipeline falls under provincial jurisdiction, or if it is subject to NEB rules and assessments.

That would bring delays and “put real, tangible benefits to people in B.C., including First Nations, at risk,” said pipeline owner TransCanada Corp., rebranded this week as TC Energy.

The B.C. government’s Environmental Assessment Office approved the contentious 670-kilometre pipeline in 2014.

The project would move fracked methane from northeastern B.C. and northwestern Alberta to the $40-billion LNG Canada export terminal in Kitimat.

Sawyer, a 61-year-old environmental consultant, said the prospect of a NEB regulatory review should have been considered by the B.C. Supreme Court before it issued an injunction that led to RCMP action against two Indigenous checkpoints this week.

“I wonder if TransCanada disclosed information to the judge about this jurisdictional challenge before it asked him to grant the injunction against the blockade,” he said. “The fact is that the RCMP enforced the injunction in an over-the-top manner for a pipeline that may be deemed illegal and whose permits could be quashed.”

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How this man’s legal challenge could stall LNG Canada

Michael Sawyer

How this man’s legal challenge could stall LNG Canada

A massive new fracked gas export plant in Kitimat may have just received the go-ahead, but a Smithers resident is arguing a pipeline vital to the project should have faced a federal review — and he’s won before

LNG Canada has announced that the international consortium is ready to proceed with Canada’s largest ever infrastructure project, but, in a David and Goliath scenario, a challenge by a Smithers environmental consultant is aiming to temporarily derail or delay the $40-billion megaproject.

Michael Sawyer is arguing that the Coastal GasLink Project, a 675-kilometre pipeline running from Dawson Creek to Kitimat, should have faced a federal review by the National Energy Board instead of relying on provincial approval.

Although the $4.7-billion pipeline is set to be built entirely within B.C. — which would usually put it under the jurisdiction of the province — the pipeline, which would supply the LNG Canada export terminal in Kitimat, connects to an existing pipeline system that is federally regulated.

Also, Coastal GasLink Pipeline Ltd. is a wholly owned subsidiary of TransCanada Pipeline Ltd., which means under the Constitution Act the pipeline is within federal jurisdiction and should be regulated by the National Energy Board, Sawyer says in an application to the board.

Sawyer-Challenge-CoastalGasLinkProject-NEB by The Narwhal on Scribd

“A pipeline that crosses international boundaries or provincial boundaries would normally be federally regulated,” Sawyer told The Narwhal, pointing to a 1998 Supreme Court decision that said if a provincial pipeline is “functionally integrated” with an existing federally regulated line, it becomes an extension of the federal line.

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