Trans Mountain update: No appeal, gov’t trying new tactics

The federal Liberal government has decided not to appeal the court ruling that cancelled the pipeline based on the fact that the government failed to properly consult First Nations. The court also found the government’s approval of the project violated its responsibility to protect endangered Southern Resident killer whales, siding with Ecojustice clients Raincoast Conservation Foundation and Living Oceans Society.

Since the Aug. 30th ruling, the government has taken two steps:

On Sept. 21, the government ordered the NEB to launch a new review of the project’s marine shipping impacts. Perhaps they are hoping that in re-doing the study, they will get different results (definition of insanity, anyone?). Ecojustice is concerned about the short timeline for this endeavour: “The NEB is legally required to assess and mitigate the project’s marine shipping impacts, but it is unclear how it can conduct a thorough review in a short, 155-day time period.”

On Oct. 3, the government made a follow up announcement: it will launch a new Indigenous consultation process (this being one of the cited failings of the original project) and will not pursue an appeal. Let’s hope that the consultation process proceeds in good faith on both sides. Who knows? Maybe the Liberal leopard will change its spots, and decide to invest in a joint venture with First Nations… wind farms anyone?

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