1 Northern Gateway | West Coast Environmental Law

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Northern Gateway

A Kinder Morgan snapshot

14 March, 2017

It’s been a while since we’ve updated you about Kinder Morgan’s Trans Mountain pipeline and tanker expansion project (KMX). A lot has happened in the past few months, so here’s a snapshot of where we’re at.

It’s been a while since we’ve updated you about Kinder Morgan’s Trans Mountain pipeline and tanker expansion project (KMX). A lot has happened in the past few months, so here’s a snapshot of where we’re at:

Political approvals

Carrying forward lessons from Northern Gateway

8 December, 2016

Understandably, those opposed to the Kinder Morgan Trans Mountain project have not been in a mood to celebrate this past week. At the same time as the Prime Minister announced the federal government’s approval of Kinder Morgan (and the Enbridge Line 3 project), he confirmed something that most people already knew to be true: the Enbridge Northern Gateway project is dead. In addition to rejecting Northern Gateway, last week the federal government also provided preliminary details on oil tanker ban legislation that it will introduce in spring 2017.

The fact that First Nations, communities and individual citizens who opposed Northern Gateway were successful in stopping the project, even in the face of a previous federal approval and a determined pipeline company with deep pockets, deserves a moment of reflection.

Staff Counsel Gavin Smith with Geraldine Thomas-Flurer of the Yinka Dene Alliance during Northern Gateway court hearings in October 2015

How my view of the world changed over the course of a fight against a megaproject

Field notes from the Haida Gwaii Potlatch: Why government and industry should take heed of Indigenous governance decisions

14 September, 2016

I was honoured to have been invited to witness this historic potlatch, Raven Always Sets Things Right, hosted by the Yahgulaanaas/Janaas Raven Clan of Haida Gwaii. I visited Haida Gwaii for the first time just last year, and it left an indelible mark as a very special part of the world, as it does for most who are lucky enough to visit, so I was happy to return.

The potlatch was significant for a number of reasons. The primary work was to remove the hereditary chieftainships of two hereditary chiefs. The hereditary chiefs had signed a support letter for Enbridge’s request for a deadline extension on one of the 209 conditions of its approval in June 2014. No one I spoke to could remember hearing about an act as serious as removing a chieftainship before, although the possibility of the removal of a name is part of the chief naming ceremony itself.  The removal of the hereditary chieftainships in this potlatch needs to be understood by industry and governments as a legitimate and powerful response that undermines the commonly used tactic of cherry picking individuals to support their projects and “divide and conquer” communities.

 

Mug shot: One of the gifts from the potlatch – “Raven Always Sets Things Right”

Yo ho wee
Yo ha wee yo wee yah
Hey hi yo
Ha wee ah wee yah wee yah
Hey hi yo ha wee
Ah wee ah-ha
Ah wee-ee ah wee yah

First Nations and BC Mayors stand together against threat of oil tankers and pipelines

18 December, 2012

In December 2010, representatives of sixty-one Indigenous nations came together in an historic alliance to protect the Fraser watershed and our coastal waters from the threat of oil spills.The result was the Save the Fraser Declaration, which bans tar sands projects, like the Enbridge pipeline and tankers project, from impacted First Nations’ territories as a matter of Indigenous law. The Declaration states:

We will not allow the proposed Enbridge Northern Gateway Pipelines, or similar Tar Sands projects, to cross our lands, territories and watersheds, or the ocean migration routes of Fraser River salmon.

In December 2010, representatives of sixty-one Indigenous nations came together in an historic alliance to protect the Fraser watershed and our coastal waters from the threat of oil spills.The result was the Save the Fraser Declaration, which bans tar sands projects, like the Enbridge pipeline and tankers project, from impacted First Nations’ territories as a matter of Indigenous law. The Declaration states:

Why Harper's shot at PNCIMA also hit Enbridge in the foot

15 September, 2011

The Canadian government recently withdrew suddenly and unexpectedly from a funding agreement to create a plan to manage BC’s North Coast, known as the Pacific North Coast Integrated Marine Area Plan (PNCIMA). Prime Minister Harper’s government may have believed that it was helping Enbridge and its Northern Gateway Pipelines by withdrawing from this funding agreement - but the resulting uncertainty, and the appearance that the federal government has acted less than honourably towards the Coastal First Nations, may well cause Enbridge huge legal head-aches in the future. 

Late last week (Thursday, September 8th), the Canadian government, after working for almost a decade to develop a plan to manage BC’s North Coast, known as the Pacific North Coast Integrated Marine Area Plan (PNCIMA), suddenly announced that it is withdrawing from an agreement which would ensure adequate funding to complete the plan by December 2012.  Prime Minister Harper’s government

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