Greens call for new ‘made-in-B.C.’ environmental assessment of Trans Mountain project

VANCOUVER—The B.C. Green Party is calling for the province to undertake its own environmental assessment of the Trans Mountain pipeline expansion in the wake of last week’s Federal Court of Appeal decision to quash the project’s federal approval.

Prime Minister Justin Trudeau has already pre-determined the outcome of any further assessment and consultation by repeatedly saying the pipeline will be built, said Green Party Leader Andrew Weaver.

“We can’t trust a process that he will put in place,” Weaver said.

StarMetro requested comment from federal Environment Minister Catherine McKenna’s office but did not receive a response before publication.

On Aug. 30 the Federal Court of Appeal ruled that Ottawa’s consultation with First Nations was flawed and that the National Energy Board’s lack of consideration for the risks of increased oil tanker traffic was an “unjustified failure.”

The federal Cabinet approval of the project, which relied on the deficient NEB report, was overturned.

“The exact same argument applies to British Columbia,” Weaver said, as B.C.’s approval of the project was based on the same “flawed” NEB report.

Weaver explained that the former B.C. Liberal government signed an equivalency agreement with the NEB that allowed them to rely on the board’s project assessments, rather than duplicating the process for the Trans Mountain expansion and other projects.

Now, he said, the only way for British Columbians to have confidence in the process is for the province to undertake its own assessment.

Asked whether it’s considering such a move, a spokesperson for the Ministry of Environment and Climate Change said the government is still reviewing the court’s decision and “considering the implications and options, if any, with respect to the provincial assessment.”

Eugene Kung, a staff lawyer with West Coast Environmental Law who has represented First Nations clients in cases against the Trans Mountain expansion, agreed there is an opportunity for B.C. to overturn the provincial project approval.

“Arguably, the foundation of B.C.’s approval, which was a valid NEB process and decision, no longer stands,” Kung said.

The equivalency agreement allows either party (B.C. or the NEB) to terminate the agreement at least 30 days before a decision. Now that the decision has been overturned, there may be another opportunity to withdraw from the agreement, Kung said.

However, it’s unclear what powers the province would have to stop or restrict the project even if it were to undertake its own assessment.

“Some of those questions are now before the B.C. Court of Appeal,” said Kung, referring to the reference case filed by the provincial government to clarify what powers it has to regulate the transportation of oil within its borders.