Tag Archives: NEB

Amid global climate catastrophes, Enbridge pushes forward on Northern Gateway pipeline plans

Image description: a section of pipeline emerging from the ground and traversing snow-covered forested hills, with mountains in the distance. (Image credit: (Wikipedia/Frank K)

Image description: a section of pipeline emerging from the ground and traversing snow-covered forested hills, with mountains in the distance. (Image credit: Wikipedia/Frank K)

This has been a bad week for those of us who are terrified about the future of life on this planet. Continue Reading

ICYMI: Trudeau, Notley and Clark engaging in massive pipeline/Site C bait-and-switch

Image description: An illustrated pipeline drawn to resemble a snake slithers across a map of Alberta and British Columbia along the route of Northern Gateway, with its tail in an oil-splattered factory and its head on the Pacific Coast. Oil drips off the snake. Written across its body are the words “Enbridge: Dirty Oil Burned the Last Bridge”. Above and below in red are flaming letters reading “NO PIPELINE” (Image credit: vanessasong/UBC)

Despite widespread public and First Nations opposition, and in clear contradiction of their election promises and repeated public statements on the issue, three major Canadian political leaders are working quietly to allow Enbridge’s dangerous mega-polluting Northern Gateway pipeline to move forward.

While in opposition, Liberal leader Justin Trudeau denounced the Harper government’s contingent approval of the pipeline in 2014, and promised that if he became prime minister, Northern Gateway would not happen. During last year’s federal election campaign, he promised to impose a ban on oil tanker traffic in northern British Columbia, a proposal which would effectively killed the pipeline.

Alberta Premier Rachel Notley also campaigned on opposition to Northern Gateway in last year’s provincial election. One year ago today, in the midst of a contentious campaign, she told the Calgary Herald that “Gateway is not the right decision…I don’t think there’s any point to [pushing for the project’s completion]. I think that the legal and the environmental implications are such that it’s not going to go ahead. I think most people know that.”

And British Columbia Premier Christy Clark has openly opposed Northern Gateway for many years. After the federal government announced its approval of the project in 2014, Clark’s government declared that it would deny necessary provincial permits until its extremely strenuous demands (which some pro-pipeline observers called impossible) were met. Those demands – Clark’s famous “five conditions” – were a key plank in her party’s platform during their surprise victory in the 2013 provincial election.

Given this seemingly unanimous opposition from the three leaders, and the impending expiry of Enbridge’s permit to being construction, many analysts had assumed that Northern Gateway was dead, and pipeline proponents have focussed most of their energy and effort on the still-under-review TransMountain and Energy East pipelines.

But surprising developments in recent weeks have overturned this consensus, and suddenly, Northern Gateway’s demise looks far from certain. Continue Reading

Supreme Court to rule on whether Line 9’s First Nations consultation process was constitutional

Image description: Two people hold a large flag, featuring on horizontal white bands with a horizontal purple band above and below it. On the flag are the words "No Consultation! No Consent! No Line 9! Respect The Treaties - Support Chippewas of the Thames First Nation!" In front of the banner, a woman is speaking into a microphone, presumably addressing an out-of-the-picture crowd; to her left are two onlookers. (Image credit: Facebook/Anishnabek Rise via rabble)

Image description: Two people hold a large flag, featuring a wide horizontal white bands with narrower horizontal purple bands above and below it. On the flag are the words “No Consultation! No Consent! No Line 9! Respect The Treaties – Support Chippewas of the Thames First Nation!” In front of the banner, a woman is speaking into a microphone, presumably addressing an out-of-the-picture crowd; to her left are two onlookers. (Image credit: Facebook/Anishnabek Rise via rabble)

In a major win for pipeline resisters, the Supreme Court of Canada has agreed to hear an appeal by the Chippewas of the Thames First Nations which threatens to shut down Enbridge’s Line 9B.

It’s also a case with broad implications for several major pipeline projects currently under review, as well as for resource development on First Nations across (so-called) Canada.

The Chippewas of the Thames allege that they were not properly consulted on the reversal of the pipeline, which was previously transporting light crude oil from east to west. A finding in their favour could mean a cancellation or suspension of Enbridge’s approval to reverse the line, and may have an impact on several ongoing NEB reviews into major tar sands pipelines. Continue Reading

Reforms of the pipeline review process have literally satisfied nobody

Image description: A banner reading "NO PIPELINES" is suspended from pine trees in a forested area. (Image credit: YouTube/Kahsatstenhsera)

Image description: A banner reading “NO PIPELINES” is suspended from pine trees in a forested area. (Image credit: YouTube/Kahsatstenhsera)

The Liberal government’s release of new guidelines for the pipeline review process a few weeks ago was meant to end furious feuding over the future of Canada’s oil and gas sector. The National Energy Board (NEB) reforms came hot on the heels of a nasty debate over Energy East, as the rejection of the pipeline by Montreal-area mayors was absurdly spun as a threat to national unity. The reforms were also delivered in the context of continual pressure on the new government by activists frustrated with Trudeau & Co’s delays in following through on campaign promises to fix what was widely viewed as a broken process.

The reforms, announced at a joint press conference by Minister of Natural Resources Jim Carr and Minister of the Environment and Climate Change Catherine McKenna, aimed to “rebuild Canadians’ trust in our environmental assessment processes” and to “take into account the views and concerns of Canadians, respect the rights and interests of indigenous peoples and support our natural resources sector.”

But if the government expected their announced reforms to actually create trust in the NEB process or to do anything to cool down the overheated pipeline debate, they must be sorely disappointed. Two weeks later, it’s now clear that their proposed reforms have satisfied literally nobody, and the squabbling over pipeline proposals looks set to carry on indefinitely.

Just look at the wave of opposition to various proposed pipelines that’s arisen in the days since the government tried to calm everybody down with their (hastily-thrown-together?) reform package:  Continue Reading

New NEB rules aren’t credible coming from a government committed to building pipelines

Image description: a group of twenty to thirty people march down a sidewalk holding homemade signs protesting the tar sands and pipelines. (Image credit: Fibonacci Blue/Flikr)

Image description: a group of around thirty people march down a sidewalk holding signs (mostly homemade) protesting the tar sands and pipelines. (Image credit: Fibonacci Blue/Flickr)

Earlier this week, the Trudeau government announced that it would be instituting new principles for ongoing reviews of pipeline projects like Energy East and Northern Gateway by the National Energy Board (NEB). These changes, Minister of the Environment and Climate Change Catherine McKenna said, were required to “rebuild Canadians’ trust in our environmental assessment processes” and to “take into account the views and concerns of Canadians, respect the rights and interests of indigenous peoples and support our natural resources sector.”

Setting aside the worrying implication that the current review process didn’t already perform basic consultative tasks, there was a troubling indication at the heart of the government’s rhetoric which completely undercuts their insistence that they want to build confidence in the NEB’s ability to reach scientifically sound and community-supported decisions:

[National Resources Minister Jim] Carr said the process will provide pipeline proponents greater certainty about the time involved in reaching decisions.

“If we’re going to attract the investments we need to sustainably develop our energy resources, then we have to better engage Canadians, conduct deeper consultations with indigenous peoples and base decisions on science, facts and evidence,” Carr said.

Did you catch it? It’s surrounded by caveats and reassurances, but it’s there – the assumption that the government must somehow find a way to facilitate the development of energy resources. (Note also McKenna’s statement above that the changes to the NEB process will “support our natural resources sector”.)

This is far from a one-off from Trudeau’s ministers. In fact, it’s been somewhat of a refrain for Jim Carr. Continue Reading

Why 2016 will be a year of victories for the pipeline resistance movement

Image description: Three pipeline resisters are chained to a valve behind a chain-link fence, which bears a sign reading “NOTICE: NO TRESPASSING”. These three brave folks had their first trial session in Sarnia today in relation to the incident in question. (Image credit: The Indignants/Facebook)

Pipelines are having a moment right now.

Even in the darkest depths of the Harper years, I can’t recall a time when tar sands bitumen transportation infrastructure was such a hot-button headline issue. And not in an isolated one-off kind of way, either – barely a day goes by without some prominent national figure making some newsworthy statement about pipelines.

I mean, it’s only Tuesday, and here’s just some of the big news in pipelines so far this week: Continue Reading

ICYMI – B.C. Supreme Court ruling against Northern Gateway a huge win for First Nations and pipeline resisters

Image description: An illustrated pipeline drawn to resemble a snake slithers across a map of Alberta and British Columbia along the route of Northern Gateway, with its tail in an oil-splattered factory and its head on the Pacific Coast. Oil drips off the snake. Written across its body are the words “Enbridge: Dirty Oil Burned the Last Bridge”. Above and below in red are flaming letters reading “NO PIPELINE” (Image credit: vanessasong/UBC)

2016 is shaping up to be a year of major victories for pipeline resisters across (so-called) Canada. And once again, the latest major victory was made possible through the leadership of First Nations directly impacted by untrammelled resource extraction.

In a serious blow to Enbridge’s Northern Gateway pipeline, the British Columbia Supreme Court ruled last week that the (so-called) province of B.C. abdicated its duty to consult First Nations when it signed an “equivalency agreement” with the federal government in 2010 which gave the National Energy Board (NEB) “equivalent” status and the authority to conduct these consultations on the province’s behalf.

Analysts suggest that British Columbia is unlikely to appeal the ruling, given that the Supreme Court confirmed the existence of powers they most likely do not want to surrender.

And as for the implications for Northern Gateway…well, I’ll let the litigants brag for themselves: Continue Reading

With provincial election looming, did B.C. Liberals announce opposition to TransMountain due to public opposition?

In exciting news out of British Columbia yesterday, the provincial government announced that it will be recommending that the National Energy Board (NEB) deny Kinder Morgan’s proposal to construct the TransMountain pipeline.

The reason for their rejection of the proposal, ostensibly, is that Kinder Morgan didn’t meet their “world-leading” safety standards – an explanation that the always-good-for-a-giggle Financial Post didn’t find entirely convincing:

Of the four major export pipeline projects proposed to open new markets for Canadian oil production, the TMX expansion should have been the easiest to pull off because it twins a pipeline that has been safely transporting oil from Alberta to the B.C. coast for 60 years.

But in its final argument to the NEB, which is in the last days of a two-year review, B.C. threw the book at the project, claiming: “the company has not provided enough information around its proposed spill prevention and response for the province to determine if it would use a world leading spills regime.”

This after a review that, according to TMX proponent Kinder Morgan, was one of the most comprehensive in the board’s history and involved the filing of a 16,000-page application, answering 17,000 questions, participation of more than 400 intervenors and of 1,250 commenters, not to mention more than $300 million in costs.

There’s more snarky disbelief further down in the article, if you’re into that sort of thing.

The thing is, I think the FP is on to something here. Because I can just as easily imagine the B.C. government using those exact same statistics to label the consultation and review process “exhaustive” and throwing their support behind the project.

This is the B.C. “Liberal” Party we’re talking about here, after all – in a province where the Conservative Party failed to capture a single seat in the last election, they are the pro-business right-of-centre option. Mining, forestry, and construction corporations have given them nearly $50 million over the last decade, and their victory in the 2013 provincial election was celebrated by the B.C. Chambers of Commerce as “good news for business owners“.

Which is to say, one can easily imagine a parallel universe in which they spun the research and the data in the other direction and supported TransMountain. So why didn’t they IRL? Continue Reading

As 2015 comes to a close, these major ongoing issues aren’t going anywhere

This awkward week jammed in between Christmas and New Year’s is when some of the year’s most half-assed journalism gets cranked out, in the form of phoned-in Year in Review pieces, or worse, Top Ten Blanks of 201x listicles.

I don’t have a problem with retrospectives. It’s just that the last week of December is only ever the actual turning point in current events by pure chance or accident. More often than not, major stories are still developing, trends are still unfolding, and it’s too soon to pass judgement on what the legacy of recent events will actually be.

So in my final post of 2015, I’m going to eschew the lazy conventions of the genre by highlighting a few stories which are very much ongoing affairs as the year comes to a close. Continue Reading

Trudeau’s lacklustre approach to pipelines means direct action is (still) our best hope

Image description: A person (presumably Vanessa Gray) is led away from a pipeline shutdown action by two police officers. Caption reads: ‘”The tar sands projects represent an ongoing cultural and environmental genocide. I defend the land and water because it is sacred.” – Vanessa Gray, Anishnaabe’

What Mr. Harper has consistently misunderstood about what happens in the 21st century is you cannot make a choice between what’s good for the environment and what’s good for the economy. Mr. Harper continues to say oh, we can’t do anything on the environment because we’ll hurt the economy. And not only has he not helped our environment, but he’s actually slowed our economy. He cannot get our exports to market because there is no public trust anymore. People don’t trust this government to actually look out for our long-term interest. We – he hasn’t convinced communities of the rightness of his – his pipelines, of the proposals he supports. He hasn’t been working with First Nations on the kinds of partnerships that are needed if we’re going to continue to develop our natural resources. Canada will always have an element of natural resources in our economy, but the job of the Prime Minister is to get those resources to market. 

– Justin Trudeau, Maclean’s leaders’ debate, August 7 2015

Numerous times throughout this year’s election, Justin Trudeau tried to position himself as the candidate who could do what Stephen Harper, for all his efforts, never could manage to accomplish: get major tar sands pipeline construction projects approved. With a cavalier well-of-course-we’ve-gotta-exploit-the-tar-sands attitude, he insisted, again and again, that the flaw in Harper’s approach wasn’t that his government was pushing fundamentally flawed, dangerous, and ecocidal proposals, but instead was an issue of tone, of building public trust, of performing the proper consultations, of going above and beyond to assuage local safety concerns.

In some cases, that’s meant publicly opposing major proposals, like the Northern Gateway pipeline, which Trudeau’s Liberals oppose on account of its traversal of the Great Bear rainforest. But in other cases, it’s meant picking up right where Harper left off, as with Foreign Affairs Minister Stephane Dion’s spectacularly ill-timed renewal of the Harper government’s advocacy for the Keystone XL pipeline literally one day before U.S. President Barack Obama announced the project couldn’t go forward. And let’s not forget that one of Trudeau’s campaign co-chairs, Dan Gagnier, was simultaneously working as a lobbyist for TransCanada, that the Liberal Party knew about this lobbying work, and that Gagnier was advising the pipeline company on how best to lobby the new government before the election was even over.

And a lot of the time, it’s left the now-PM sounding spectacularly ill-informed to folks who are aware of the latest climate science, as when Trudeau insists that if Canada must improve our environmental reputation if we want to continue pushing tar sands projects. There exists a broad international consensus that a majority of fossil fuel reserves, including upwards of 85% of the tar sands, absolutely need to stay in the ground if the world is to avert the worst effects of runaway climate change. Continue Reading

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