Trans Mountain ‘pipeline is going to get built’: Trudeau dismisses B.C.’s bitumen ban
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On second time round, court gives go ahead to Trans Mountain pipeline
The Federal Court of Appeal Tuesday dismissed four challenges from Indigenous groups that would have halted expansion of the Trans Mountain pipeline from central Alberta to Burnaby B.C.
The federal government, in a Governor-in-Coucil order, had green-lit the pipeline project, or TMX, as it’s known.
In a 3-0 decision, the court ruled there is no basis for interfering with the government’s second authorization of the TMX. It said the federal government’s efforts to consult Indigenous groups were reasonable this time round, and the Indigenous challengers instead had focused on the merits of the process rather than on its reasonableness.
It is a clear victory for TMX which was stymied in a 2018 decision by the same court that found the consultation process with Indigenous groups was inadequate.
The Coldwater Indian Band, comprising about 300 people, was one of four Indigenous groups that took issue with the federal government’s approval of the TMX pipeline, along with the Tsleil-Waututh Nation, the Squamish Nation and a coalition of small tribes who hunt and fish along the Fraser River in B.C.
Along with the other challengers, Coldwater holds that the federal government had already determined the TMX pipeline would be built before it began another round of consultations with Indigenous groups.
In going back to the drawing board on consultations with Indigenous groups, the federal government formed nine consultation teams and appointed a former Supreme Court of Canada judge, Frank Iacobucci, to oversee the process.
In 2018, the Federal Court of Appeal quashed the approval for the TMX, finding the government did not uphold the honour of the Crown by meaningfully consulting with affected Indigenous groups, as it is bound to do by the 1982 Constitution.
After that decision, the pipeline’s owner, Kinder Morgan, backed out of the expansion project. The federal government then bought the existing pipeline for $4.5 billion and vowed the expansion would proceed.
In today’s decision, the federal appeal court emphasized that “although Indigenous people can assert their uncompromising opposition to a project, they cannot tactically use the consultation process as a means to try to veto it.”
Consultation does not require a standard of perfection, the court said.
“Where there is genuine disagreement about whether a project is in the public interest, the law does not require that the interest of Indigenous peoples prevail,” the ruling read.
In 2018, the Federal Court of Appeal also criticized the National Energy Board’s decision to exclude consideration of the impact of increased tanker traffic carrying pipeline oil on endangered Southern killer whales.
Months later, the federal government initiated the Whales Initiative which included measures such as increasing the amount of prey available to the whales, reducing vessel noise and reducing contaminants.
The plight of the whales was a particular concern of the Squamish Nation whose territory takes in English Bay, Howe Sound and Burrard Inlet.
The Squamish had submitted the Whales Initiative did not demonstrate conclusively that the impact on the whales would be mitigated, but the appeal court found that the government’s effort to accommodate the group’s concern was reasonable.
The parties may not agree, the court said, but its own judicial task was not to act as an”academy of science” to decide whose view is correct. Citing previous Supreme Court of Canada decisions, the federal appeal court found “there is no assurance that proposed accommodations measures will result in agreement between the parties.”
It continued: “The duty to consult does not guarantee that a specific accommodation will be warranted or possible.”
The expanded pipeline is meant to carry diluted bitumen from Alberta to the B.C. coast where it will be transported by tanker to the U.S. and Asia. The existing pipeline, built in 1953, provides between 80 to 90 per cent of fuel used by B.C.’s Lower Mainland. The expansion will triple its capacity and cause a seven-fold increase in tanker traffic.
The Indigenous groups still have the avenue of seeking leave to appeal to the Supreme Court of Canada.
Today’s decision does not mean that reconciliation between the federal government and Indigenous peoples is not possible, the court said. “The process of consultation based on a relationship of mutual respect advances reconciliation regardless of outcome,” the ruling read.
It summed up: “Put another way, reconciliation does not dictate any particular substantive outcome. Were it otherwise, Indigenous peoples would effectively have a veto over projects such as this one. The law is clear that no such veto exists.”
Natural Resources Minister Seamus O’Regan issued a statement about the court’s decision, restating the government’s view that the expansion project is in “the public interest.”
“This project will unlock new global markets to boost the price of a valuable Canadian resource, help advance reconciliation with Indigenous peoples, including through economic opportunities, and generate revenue to help fund clean energy and climate solutions,” he said.
The federal government, in a Governor-in-Coucil order, had green-lit the pipeline project, or TMX, as it’s known.
In a 3-0 decision, the court ruled there is no basis for interfering with the government’s second authorization of the TMX. It said the federal government’s efforts to consult Indigenous groups were reasonable this time round, and the Indigenous challengers instead had focused on the merits of the process rather than on its reasonableness.
It is a clear victory for TMX which was stymied in a 2018 decision by the same court that found the consultation process with Indigenous groups was inadequate.
The Coldwater Indian Band, comprising about 300 people, was one of four Indigenous groups that took issue with the federal government’s approval of the TMX pipeline, along with the Tsleil-Waututh Nation, the Squamish Nation and a coalition of small tribes who hunt and fish along the Fraser River in B.C.
Along with the other challengers, Coldwater holds that the federal government had already determined the TMX pipeline would be built before it began another round of consultations with Indigenous groups.
In going back to the drawing board on consultations with Indigenous groups, the federal government formed nine consultation teams and appointed a former Supreme Court of Canada judge, Frank Iacobucci, to oversee the process.
In 2018, the Federal Court of Appeal quashed the approval for the TMX, finding the government did not uphold the honour of the Crown by meaningfully consulting with affected Indigenous groups, as it is bound to do by the 1982 Constitution.
After that decision, the pipeline’s owner, Kinder Morgan, backed out of the expansion project. The federal government then bought the existing pipeline for $4.5 billion and vowed the expansion would proceed.
In today’s decision, the federal appeal court emphasized that “although Indigenous people can assert their uncompromising opposition to a project, they cannot tactically use the consultation process as a means to try to veto it.”
Consultation does not require a standard of perfection, the court said.
“Where there is genuine disagreement about whether a project is in the public interest, the law does not require that the interest of Indigenous peoples prevail,” the ruling read.
In 2018, the Federal Court of Appeal also criticized the National Energy Board’s decision to exclude consideration of the impact of increased tanker traffic carrying pipeline oil on endangered Southern killer whales.
Months later, the federal government initiated the Whales Initiative which included measures such as increasing the amount of prey available to the whales, reducing vessel noise and reducing contaminants.
The plight of the whales was a particular concern of the Squamish Nation whose territory takes in English Bay, Howe Sound and Burrard Inlet.
The Squamish had submitted the Whales Initiative did not demonstrate conclusively that the impact on the whales would be mitigated, but the appeal court found that the government’s effort to accommodate the group’s concern was reasonable.
The parties may not agree, the court said, but its own judicial task was not to act as an”academy of science” to decide whose view is correct. Citing previous Supreme Court of Canada decisions, the federal appeal court found “there is no assurance that proposed accommodations measures will result in agreement between the parties.”
It continued: “The duty to consult does not guarantee that a specific accommodation will be warranted or possible.”
The expanded pipeline is meant to carry diluted bitumen from Alberta to the B.C. coast where it will be transported by tanker to the U.S. and Asia. The existing pipeline, built in 1953, provides between 80 to 90 per cent of fuel used by B.C.’s Lower Mainland. The expansion will triple its capacity and cause a seven-fold increase in tanker traffic.
The Indigenous groups still have the avenue of seeking leave to appeal to the Supreme Court of Canada.
Today’s decision does not mean that reconciliation between the federal government and Indigenous peoples is not possible, the court said. “The process of consultation based on a relationship of mutual respect advances reconciliation regardless of outcome,” the ruling read.
It summed up: “Put another way, reconciliation does not dictate any particular substantive outcome. Were it otherwise, Indigenous peoples would effectively have a veto over projects such as this one. The law is clear that no such veto exists.”
Natural Resources Minister Seamus O’Regan issued a statement about the court’s decision, restating the government’s view that the expansion project is in “the public interest.”
“This project will unlock new global markets to boost the price of a valuable Canadian resource, help advance reconciliation with Indigenous peoples, including through economic opportunities, and generate revenue to help fund clean energy and climate solutions,” he said.
ipolitics.ca/2020/02/04/on-second-time-round-court-gives-go-ahead-to-trans-mountain-pipeline/
Due to the current lack of testing - graphene IS ONLY SUSPECTED of being CARCINOGENIC!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
But IT HAS THE POTENTIAL to be QUITE DANGEROUS in the event of a spill into drinking water......................
or in the form of dust in the air from machining etc!!!!!!!!!!!!!!!!!!!!!!
As the details below make CLEAR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Wonder-material graphene could be dangerous to humans and the environment
By Loz Blain
April 30, 2014
I've been waiting for some time now to write a headline along the lines of "scientists discover thing that graphene is not amazing at" ... and here it is. Everybody’s favorite nanomaterial may have a plethora of near-magical properties, but as it turns out, it could also be bad for the environment – and bad for you, too.
(Yes modern “miracle” compounds usually care significant HEALTH RISKS!! After all - Swedish Troll Greta has proven that carbon fibre can make a very strong ocean going yacht - but who would want to EAT A PUDDING MADE OF CARBON FIBRES or drink a solution made of the carbon fibre binding agents??????????????)
It’s easy to get carried away when you start talking about graphene. Comprised of single atom thick layers of carbon, graphene is incredibly light, incredibly strong, extremely flexible and highly conductive both of heat and electricity. Its properties hold the promise of outright technological revolution in so many fields that it has been called a wonder material.
But it’s only been 10 years since graphene was first isolated in the laboratory, and as researchers and industries scramble to bring graphene out of the lab and into a vast range of commercial applications, far less money is being spent examining its potential negative effects.
(Oh yes- the usual LIE-beral cart before the horse- find out what its good for NOW and start manufacturing - and worry about HEALTH LATER - which is how we ended up with things like the Dalcon Shield and a wild assortment of toxic chemicals in our FOOD!!!!!!!!!!!!!!!!!!!!!!!)
Two recent studies give us a less than rosy angle. In the first, a team of biologists, engineers and material scientists at Brown University examined graphene’s potential toxicity in human cells. They found that the jagged edges of graphene nanoparticles, super sharp and super strong, easily pierced through cell membranes in human lung, skin and immune cells, suggesting the potential to do serious damage in humans and other animals.
The bottom corner of a piece of graphene penetrates a cell membrane - mechanical properties like rough edges and sharp corners can make graphene dangerous to human cells.
"These materials can be inhaled unintentionally, or they may be intentionally injected or implanted as components of new biomedical technologies," said Robert Hurt, professor of engineering and one of the study’s authors. "So we want to understand how they interact with cells once inside the body."
(Such research TAKES TIME and yet dorks like petros want it rushed into use - WITH OUT real safety checks FIRST!!!!!!!!!!!!!!!!!!!!!!!!!!!!)
Another study by a team from University of California, Riverside’s Bourns College of Engineering examined how graphene oxide nanoparticles might interact with the environment if they found their way into surface or ground water sources.
The team found that in groundwater sources, where there’s little organic material and the water has a higher degree of hardness, graphene oxide nanoparticles tended to become less stable and would eventually settle out or be removed in sub-surface environments.
But in surface water such as lakes or rivers, where there’s more organic material and less hardness, the particles stayed much more stable and showed a tendency to travel further, particularly under the surface.
So a spill of these kinds of nanoparticles would appear to have the potential to cause harm to organic matter, plants, fish, animals, and humans. The affected area could be quick to spread, and could take some time to become safe again.
(So - it aint all that safe to use without SIGNIFICANT CARE and we certainly do NOT want to poison our environment with it in large quantities!!!!!!!!!!!!!!!!!!!)
"The situation today is similar to where we were with chemicals and pharmaceuticals 30 years ago," said the paper’s co-author Jacob D. Lanphere. "We just don’t know much about what happens when these engineered nanomaterials get into the ground or water. So we have to be proactive so we have the data available to promote sustainable applications of this technology in the future."
(That LACK if information might be a KILLER????????????????)
At this stage, the Material Safety Data Sheet governing the industrial use of graphene is incomplete. It’s listed as a potential irritant of skin and eyes, and potentially hazardous to breathe in or ingest. No information is available on whether it has carcinogenic effects or potential developmental toxicity.
But researchers from the first study point out that this is a material in its infancy, and as a man-made material, there are opportunities at this early stage to examine and understand the potential harmful properties of graphene and try to engineer them out. We’ve got a few years yet before graphene really starts being a big presence in our lives, so the challenge is set to work out how to make it as safe as possible for ourselves and our planet.
The Brown University research was published online in the Proceedings of the National Academy of Sciences. The UC Riverside paper was published in a special issue of the journal Environmental Engineering Science.
Sources: Brown University, UC Riverside
I love how cap'n morgan and petros hate pipeline approvals now.
The salt mine over the Liberals doing what Conservatives can't on pipelines is going to be epic.
The salt mine over the Liberals doing what Conservatives can't on pipelines is going to be epic.
Well GOSH hemerHOID!!!!!!!!!!!!!!!!!!!!
Should we ask if the amount of support that Bloc Heads are willing to offer to Our idiot Boy and his loser LIE-berals............
MIGHT NOW BE REDUCED by this court decision???????????????
And in related news - we KNOW that NDPees DO NOT APPROVE of the pipeline either!!!!!!!!!!!!!!!!!!!!!!!!!
These facts put LIE-berals in a QUANDRY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
They NEED to allow the pipeline to slowly inch ahead.................................
so as to deflect away as much public disgust with LIE-beral HYPOCRITE POLICIES as possible!!!!!!!!!!!!!!!!!!!!!!!
AND YET every victory for pipeline supporters ERODES SUPPORT for stupid hypocrite LIE-berals!!!!!!!!!!!!!!!!!!!!!!!!!!!!
As I have said before - I believe Our idiot Boy WILL LOSE HIS MANDATE TO GOVERN - and see his minority DIE..............
some time in 2021 - the stresses and competing claims will require an election to resolve!!!!!!!!!!!!!!!!!!!!!!!
And it aint likely to to bring on any more Sunny Ways!!!!!!!!!!!!!!!!!!!!!!!!!!!
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I love how it took the SCoC thumping the gavel to get approved and set precedent so this cant happen again. Its gonna be a real bitch to fight pipelines now.
It's an awesome week for pipelines.
Enbridge's Line 3 pipeline clears hurdle as Minnesota regulators approve environmental review
Impacts of potential Lake Superior spill addressed, says utilities commission
The Associated Press
Posted: February 03, 2020
Last Updated: February 03, 2020
KXL wont be far behind...
Enbridge's Line 3 pipeline clears hurdle as Minnesota regulators approve environmental review
Impacts of potential Lake Superior spill addressed, says utilities commission
The Associated Press
Posted: February 03, 2020
Last Updated: February 03, 2020
KXL wont be far behind...
It is a fine day, pete and great news about the line. The majority of Canadians who have always supported twinning the TM line are now vindicated and all those who stand in opposition have little recourse but to whinge and bitch to the media who appear hungry to catch the whiners but have no interest in hearing what all the other bands who support the line have to say about this final decision by the Federal court. If I had some champagne I'd pop the cork and celebrate..........will have to settle for a nice cup of tea. Cheers. :smile:
Without common sense there's not much hope. It doesn't take an astute understanding of rocket science to see that a pipeline is a hell of lot safer than hauling it by rail.
I ran into some nasty racism on Twitter. Apparently the 57 non-white Liberal MPs in caucus are white supremacists.