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B.C. Joins Legal Battles Against Trans Mountain Pipeline Expansion

Darpan News Desk The Canadian Press, 10 Aug, 2017 02:11 PM

    VANCOUVER — The British Columbia government wants to join the legal fight against the expansion of the Trans Mountain pipeline.

     

    The province's NDP government has hired former judge Thomas Berger to provide legal advice to the government as it seeks intervener status in legal challenges to the federal government's approval of the pipeline expansion.

     

    The NDP has opposed the expansion of the pipeline, which received the blessing of the province's former Liberal government earlier this year.

     

    Premier John Horgan promised in the provincial election this spring to use "every tool in the toolbox" to stop the $7.4-billion project by Trans Mountain, a subsidiary of Kinder Morgan Canada.

     

    Several First Nations and municipalities have filed legal challenges against the expansion, which would triple the capacity of the Alberta-to-B.C. pipeline and increase the number of tankers in Vancouver-area waters seven-fold.

     

    Trans Mountain has said construction on the project is set to begin in September, but Environment Minister George Heyman says only three of eight environmental management plans that would allow work to begin have been accepted and it is unlikely those remaining will get approval before work was to start.

     

    He says the other five management plans have not been accepted because the company didn't adequately consult First Nations and until that is done Trans Mountain cannot begin construction on public land.

     
     

    Timeline: Key dates in the history of the Trans Mountain pipeline

     

    Kinder Morgan Canada's proposal to triple the capacity of its Trans Mountain oil pipeline to 900,000 barrels a day has made it through years of regulatory and political scrutiny to secure approval. But there are still hurdles to clear. Here are some key dates in the history of the Trans Mountain pipeline as Kinder Morgan Canada pushes towards starting construction in September:

     

    October 1953: The Trans Mountain pipeline begins shipping oil with an initial capacity of 150,000 barrels per day. The project features four pump stations along its 1,150-kilometre route and a marine dock that connects loading facilities on the east side of Edmonton with ocean tankers in Burnaby, B.C.

     

    1957: Pipeline capacity is expanded via the construction of a 160-kilometre pipeline loop. The Westridge Marine Terminal is built and commissioned in Burnaby, B.C.

     

    Jan. 14, 1985: Trans Mountain's biggest spill occurs at a tank farm in the Edmonton area. Nearly 10,000 barrels of oil are released.

     

    2006 - 2008: The Anchor Loop project adds 160 kilometres of new pipeline through Jasper National Park and Mount Robson Provincial Park between Hinton, Alta., and Hargreaves, B.C. The extension includes 13 new pump stations and modifications to existing stations, increasing capacity from 260,000 bpd to 300,000 bpd.

     

    Feb. 21, 2012: Kinder Morgan says it wants to expand the Trans Mountain pipeline after receiving support from oil shippers and will begin public consultations.

     

    Dec. 16, 2013: An application is made to the National Energy Board (NEB) to expand the Trans Mountain pipeline. Construction is proposed to begin in 2017, with the aim of having oil flow through the expansion by December 2019.

     

    November 2014: More than 100 people are arrested after they camp out in a conservation area on Burnaby Mountain, east of Vancouver, to block crews from conducting drilling and survey work related to the pipeline expansion. Most of the charges are later dropped.

     

     

    August 2015: The NEB postpones public hearings after striking from the record economic evidence prepared by a Kinder Morgan consultant who was to begin working for the regulator.

     

    Jan. 12, 2016: Alberta Premier Rachel Notley says in a written submission to the NEB that the Trans Mountain pipeline expansion is in the best interests of both Alberta and Canada.

     

    Jan. 27, 2016: The federal Liberal government says pipeline projects such as the Trans Mountain expansion will now be assessed in part on the greenhouse gas emissions produced in the extraction and processing of the oil they carry. Proponents will also be required to improve consultations with First Nations.

     

    May 17, 2016: Ottawa appoints a three-member panel to conduct an environmental review of the Trans Mountain expansion project.

     

    May 29, 2016: The NEB recommends approval of the pipeline, subject to 157 conditions, concluding that it is in the public interest.

     

    Nov. 29, 2016: Prime Minister Justin Trudeau sanctions the Trans Mountain expansion, part of a sweeping announcement that also saw approval of Enbridge's Line 3 pipeline replacement but the end of its Northern Gateway project.

     

    Jan. 11, 2017: B.C. Premier Christy Clark announces her support for the project, saying Kinder Morgan has met five government conditions including a revenue-sharing agreement worth up to $1 billion.

     

    May 15, 2017: The Federal Court of Appeal grants Notley's government intervener in a lawsuit filed by municipalities and First Nations against the project.

     

    May 25, 2017: Kinder Morgan makes its final investment decision to proceed with the development, now estimated to cost $7.4-billion, subject to the successful public offering of Kinder Morgan Canada.

     

    May 29, 2017: The B.C. NDP and Greens agree to form a coalition to topple the Liberal party, which won a minority government in an election earlier in the month. The parties agree to "immediately employ every tool available" to stop the project.

     

    May 30, 2017: Kinder Morgan Canada (TSX:KML) debuts on the Toronto Stock Exchange after a $1.75 billion public offering, one of the largest IPOs in the exchange's history.

     

    June 29, 2017: The B.C. Liberals lose a no-confidence vote, clearing the way for NDP Leader John Horgan to become premier.

     

    Aug. 10, 2017: The B.C. NDP government hires former judge Thomas Berger to provide legal advice as it seeks intervener status in the legal challenges against the project filed by municipalities and First Nations.

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