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Home » Archives » August 2018 » Canadian Federal Court Of Appeals Rules Against Transmountain Pipeline Application

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08/30/2018: "Canadian Federal Court Of Appeals Rules Against Transmountain Pipeline Application"


ig_Orca_OilLineProtest-001_georgianstraitsalliance-001 (191k image)
(Georgia Strait Alliance photo)


The Canadian Transmountain Expansion Pipeline Project lost a battle today (08-30-18) when the Canadian Federal Court Of Appeals ruled potential negative impacts of increased in tanker traffic related to the proposed crude oil pipeline from Alberta were not considered by the Canadian National Energy Board.


The Courts statement of Remedy stated “…the Board failed to comply with its statutory obligation to scope and assess the Project so as to provide the Governor in Council with a “report” that permitted the Governor in Council to make its decision whether to approve the Project. The Board unjustifiably excluded Project-related shipping from the Project’s definition.”

The exclusion resulted in the Board stating a conclusion that the operation of Project-related vessels is likely to result in significant adverse effects to the Southern resident killer whale, the Project was not likely to cause significant adverse environmental effects; the key word being “significant.”

As a result, the Court found “The unjustified failure to assess the effects of Project-related shipping under the Canadian Environmental Assessment Act, 2012 and the resulting flawed conclusion about the environmental effects of the Project was critical to the decision of the Governor in Council. With such a flawed report before it, the Governor in Council could not legally make the kind of assessment of the Project’s environmental effects and the public interest that the legislation requires.”

The Court returned the matter to the Governor in Council “for prompt redetermination.”

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