Several First Nations, municipalities and environmental groups opposed to the approval process of the Trans Mountain pipeline expansion in British Columbia will be arguing their position in the Federal Court of Appeal over the next two weeks.
The hearing getting underway Monday in Vancouver consolidates numerous lawsuits filed by seven First Nations applicants, the cities of Burnaby and Vancouver, the Raincoast Conservation Foundation and the Living Oceans Society, which claim the National Energy Board's approval process was flawed and First Nations weren't adequately consulted.
The $7.4-billion project proposed by Trans Mountain, a subsidiary of Kinder Morgan Canada (TSX: KML), would triple the capacity of the Alberta-to-B.C. pipeline and increase tanker traffic off the West Coast sevenfold. It received approvals from the federal government last year.
Specific concerns with the project range from a lack of consideration of alternatives to the project, the implications for endangered species including southern resident orca whales, and adequate accommodations for each individual First Nation whose territory is affected by the pipeline.
First Nations allege the project infringes on their land claim rights and title and the government failed to meet its fiduciary duty to thoroughly consult affected communities.
New Democratic Governments in Alberta and B.C. have been granted intervener status in the case, but will not be permitted to bring new information to the hearing.
The hearing has pitted the provinces against each other, with Alberta Premier Rachel Notley previously saying her government has taken measures to reduce the environmental effects of the oil and gas industry and that it's important for the country that the project go forward.
While B.C.'s former Liberal government gave environmental certificates to the project earlier this year, the province's new NDP Premier John Horgan said during his election campaign last spring he would use "every tool in the toolbox" to stop the expansion.
