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Vancouver, Squamish Nation lose their TMX court challenges

A B.C. Supreme Court judge has rejected legal challenges to the Trans Mountain Expansion (TMX) pipeline project brought forward by the City of Vancouver and the Squamish Nation.

From CBCNews.ca: (“Court throws out Trans Mountain pipeline challenge from City of Vancouver and Squamish Nation“):

In a pair of rulings issued Thursday morning, Justice Christopher Grauer found the province of British Columbia acted reasonably in issuing an environmental assessment certificate to the company.

As Grauer pointed out in his opening remarks to both cases, the decisions are not the end of the legal hurdles facing the pipeline. They dealt strictly with the question of whether the province could defend its actions in light of the National Energy Board’s approval of the project.

“This case is not about whether the TMX [Trans Mountain expansion project] should or should not go ahead. It is not about whether the TMX is in the national interest, or presents an unacceptable risk of environmental harm,” Grauer wrote.

“This case is not about the adequacy of the consultation that was undertaken through the National Energy Board [NEB] and federal cabinet processes, nor does it resolve or define beyond currently settled law the constitutional limits on what either British Columbia or Alberta can or cannot do in relation to the project.” …

The City of Vancouver claimed that in reviewing the Trans Mountain project, the province failed to engage in proper consultation and failed to conduct a proper environmental assessment.

For its part, the Squamish Nation argued the province should have done a further assessment to make up for what it maintained was a “fundamental failure of the process of consultation and accommodation” by the NEB.

Thu, May 24 2018 » * Big Picture Stuff, Main Page