All posts by Canadian Press

Lubicon Lake Nation appeals injunction over oil fracking blockade

Lubicon Lake Nation appeals injunction over oil fracking blockade

Share
Lubicon Lake Nation appeals injunction over oil fracking blockade
Photo: Lubicon Lake Nation

CALGARY – A First Nation is appealing a court injunction against a blockade of an energy company’s drilling site in northern Alberta.

The Lubicon Lake Nation says the injunction granted to PennWest Petroleum Ltd. (TSX:PWT) last month gives the company unfettered access to an oil hydraulic fracturing site in the heart of its traditional territory.

In its appeal, the Lubicon Lake Nation says it will raise constitutional issues about aboriginal rights that it says the court failed to consider when making its order.

The First Nation says PennWest wanted a week-long injunction but the judge gave a six-month injunction on Dec. 16.

The protesters had been blocking an access road to PennWest’s drilling site by Haig Lake since late November.

The group said the protest was peaceful and was intended to stop the company from fracking on traditional Lubicon territory.

The protesting band and the federal and provincial governments have been trying to work out a land claim deal since the 1980s. The province continued to issue energy leases in the area, including around Haig Lake.

The Lubicon Lake Nation claims more than $14 billion worth of oil and gas has been extracted from its territory without their consent.

“This is our land until the Government of Canada enters into an agreement with us,” Chief Bernard Ominayak said in a news release Monday.

[quote]PennWest, the province of Alberta, and the courts cannot simply choose to ignore our inherent rights and assist industry at the expense of our land and our people.[/quote]

Read more about the onslaught of legal action Alberta faces from First Nations over various resource issues.

Share
New plan expected for blocking Asian Carp invasion of Great Lakes

New plan expected for blocking Asian Carp invasion of Great Lakes

Share
New plan expected for blocking Asian Carp invasion of Great Lakes
Asian carp have overtaken the Mississippi basin. Plans are afoot to keep them out of the Great Lakes.

by John Flesher, The Associated Press

TRAVERSE CITY, Mich. – The U.S. Army Corps of Engineers is scheduled to release a long-anticipated study Monday listing options for shielding the Great Lakes from an attack by ravenous Asian carp.

The corps has spent years examining ways to block aquatic pathways that invasive species could use to migrate between the lakes and the Mississippi River basin.

Bighead and silver carp that were imported from Asia and have infested the Mississippi and its tributaries are the biggest concern. Scientists also have identified about three dozen other aquatic invaders that could move from one watershed to the other.

Physically separating the two basins where they connect in the Chicago area is expected to be among options in the report.

Some in Congress favour that. But local business groups say it would hurt the economy.

Share
Alberta, BC plan for oil-by-rail in case pipelines fail

Alberta, BC plan for oil-by-rail in case pipelines fail

Share
Alberta, BC plan for oil-by-rail in case pipelines fail
A 2012 CN derailment in Alberta

by Steven Chua, The Canadian Press

VANCOUVER – A task force report has been handed in to the British Columbia and Alberta governments that examines the idea of transporting oilsands’ crude via rail if proposed pipelines don’t get the green light, government documents show.

It’s an idea the environmental group ForestEthics calls “underhanded.”

It’s a “backdoor way for industry to bring tankers to the coast without the same sort of public oversight or public process that we’ve had around the Enbridge pipeline or would have around the Kinder Morgan pipeline,” said Ben West, campaign director for ForestEthics.

Oil-by-rail a back-up for pipelines

A joint provincial working group was announced by premiers Christy Clark and Alison Redford in July to develop recommendations related to energy exports and the opening of new export markets for products like bitumen for the two provinces, including pipeline and rail transport.

“Rail can be considered a viable alternative to pipeline movement based on costs of transport,” the terms of reference for the group states.

[quote]If pipelines are not developed, rail will step into the void to deliver bitumen to the West Coast.[/quote]

West said the report raises safety questions, especially in light of two recent high-profile train accidents.

Recent derailments, explosions spark fears

Oil transport by rail has become a contentious topic after a train containing crude oil derailed and exploded in Lac-Megantic, Que., in July, killing 47 people, and another train exploded without injuries last month in North Dakota.

“Myself and other people were pretty freaked out about what happened there,” West said of the two fiery blasts.

The provincial working group was mandated to submit a report to both leaders by the end of December.

An Alberta government official did not respond to a question about the completion or release of the report, while an official in Clark’s office said the report is complete but that no date has been set for a public release.

CN Rail declined comment.

The task force is led by Steve Carr, deputy minister of natural gas development in B.C. and Grant Sprague, deputy minister of energy in Alberta.

No one from either ministry could be reached for comment.

Share
Alberta faces onslaught of oilsands lawsuits

Alberta faces onslaught of oilsands lawsuits

Share
Alberta facing legal onslaught over oilsands
ACFN Chief Allan Adam outside an Alberta court in 2012, challenging Shell’s Jackpine development

by Bob Weber, The Canadian Press

EDMONTON – Simmering disputes over the oilsands between Alberta aboriginals and the provincial and federal governments will break into the open in 2014 as virtually every one of the many recent changes in oversight of the controversial industry comes under legal and political attack.

“All litigation, all the time, is what I see on the horizon,” said Larry Innes, lawyer for the Athabasca Chipewyan First Nation.

Over the last 18 months, Ottawa and Edmonton have rewritten the book on resource development. Everything from how aboriginals will be consulted to land use planning to oilsands monitoring to the basic ground rules for environmental assessment has been changed.

Governments say the new regime is more efficient, predictable and transparent. Aboriginals say it violates their rights and ignores their recommendations.

So as aboriginal groups in British Columbia prepare for an expected attack on the Northern Gateway pipeline proposal, Alberta aboriginals are pushing back with a long list of lawsuits either now or soon to be before the courts.

Alberta First Nations line up with oilsands lawsuits

The Fort McKay First Nation is appealing an approval of Brion Energy’s plans for a 50,000-barrel-a-day operation northwest of Fort McMurray. It says the province has violated the constitution by setting up an energy regulator expressly forbidden to hear arguments based on aboriginal rights.

The Mikisew Cree and Frog Lake First Nation are before the courts arguing that Ottawa’s recent amendments to the Fisheries and Navigable Waters Acts run afoul of their rights.

The Beaver Lake Cree is fighting both levels of government in a case that seeks to force them to consider the cumulative effects of oilsands development when issuing new permits.

A total of 17 First Nations from around Alberta are trying to get legislation on access to public lands tossed out in a long-running case expected to go to trial this year.

The Athabasca Chipewyan First Nation plans to file a lawsuit in January attacking Ottawa’s new environmental assessment legislation after the approval of a major oilsands expansion that it says will violate both treaty rights and federal laws.

At the same time, the Alberta government’s other major oilsands initiatives are running into heavy weather.

All six First Nations in the oilsands area have requested a statutory review of the Lower Athabasca Regional Plan, the government’s attempt to balance development and environmental values. Those same bands, along with many others, have also rejected the province’s plans to centralize and control aboriginal consultation.

One major band — the Fort McKay First Nation — has pulled out of the Joint Oilsands Monitoring program, the showpiece federal-provincial effort to monitor environmental change in the oilsands.

Even the Lubicon Cree First Nation are back in court, with another try in a decades-long attempt to win a reserve and get some royalties on energy extracted from what they say is their land.

Alberta Environment and Minister Robin Campbell declined to be interviewed.

“We work with aboriginal leaders and communities in a variety of areas and will continue to do so,” said spokesman Kevin Zahara. “We will not speculate on possible legal challenges.”

Treaties don’t guarantee development

A big part of the problem is simply the scale of development, said Nigel Bankes, professor of resource law at the University of Calgary.

“In the oilsands area, it’s really the intensity of the development,” he said.

[quote]The treaties give the province the power to take up lands and the argument is there must be a limit to that. That can’t be an entitlement to take away all lands (to) which First Nations have historically exercised hunting rights.[/quote]

Those concerns grow as governments narrow who has the right to air concerns and what concerns they’re allowed to raise.

“I think that’s a fair characterization,” said Bankes, who said that process has been going on for years. “(There’s a) very narrow and stringent standing test and I think that does mean there’s a level of frustration out there.”

Not only are bands barred from raising aboriginal rights at regulatory hearings, two have recently been denied the right to even speak at ones concerning oilsands projects on their doorstep. Lawsuits happen when discussion fails, said Joe Jobin, chief operating officer of the Fort McKay First Nation.

“First Nations have always tried to work with the government on developing a policy that works for First Nations and for industry,” he said.

[quote]The frustration is that the input is not being meaningfully considered. It’s almost like this attitude, ‘Well, if you don’t like it, take us to court.'[/quote]

The result is higher costs for everyone and uncertainty for industry, said Bankes. He added Alberta is increasingly resembling lawsuit-happy British Columbia, which has few treaties.

“What we’re seeing now is the same sort of litigation that we’ve been seeing in B.C. for a long time. This is now being transplanted to the treaty context of Alberta.

“Government has said to itself, ‘Things are clearer here, there’s more security precisely because we’ve got treaties.’ I guess what the litigation that we’re seeing now is calling into question is, is that really true?”

Innes said Alberta bands that have traditionally preferred to negotiate are increasingly through with talking.

“First Nations who have been investing in the process find the process is stacked against them,” he said.

“Things are coming to a head.”

Share
Americans conserving big on home electricity

Americans conserving big on home electricity

Share
Americans conserving big on home electricity
American homes are getting greener, like this one in Minnesota

by Jonathan Fahey, The Associated Press

NEW YORK – The average amount of electricity consumed in U.S. homes has fallen to levels last seen more than a decade ago, back when the smartest device in people’s pockets was a Palm pilot and anyone talking about a tablet was probably an archaeologist or a preacher.

Because of more energy-efficient housing, appliances and gadgets, power usage is on track to decline in 2013 for the third year in a row, to its lowest point since 2001, even though our lives are more electrified.

Here’s a look at what has changed since the last time consumption was so low.

Better homes

In the early 2000s, as energy prices rose, more states adopted or toughened building codes to force builders to better seal homes so heat or air-conditioned air doesn’t seep out so fast. That means newer homes waste less energy.

Also, insulated windows and other building technologies have dropped in price, making retrofits of existing homes more affordable. In the wake of the financial crisis, billions of dollars in Recovery Act funding was directed toward home-efficiency programs.

Better Gadgets

Big appliances such as refrigerators and air conditioners have gotten more efficient thanks to federal energy standards that get stricter ever few years as technology evolves.

A typical room air conditioner — one of the biggest power hogs in the home — uses 20 per cent less electricity per hour of full operation than it did in 2001, according to the Association of Home Appliance Manufacturers.

Central air conditioners, refrigerators, dishwashers, water heaters, washing machines and dryers also have gotten more efficient.

Other devices are using less juice, too. Some 40-inch (1-meter) LED televisions bought today use 80 per cent less power than the cathode ray tube televisions of the past. Some use just $8 worth of electricity over a year when used five hours a day — less than a 60-watt incandescent bulb would use.

Those incandescent light bulbs are being replaced with compact fluorescent bulbs and LEDs that use 70 to 80 per cent less power. According to the Energy Department, widespread use of LED bulbs could save output equivalent to that of 44 large power plants by 2027.

The move to mobile also is helping. Desktop computers with big CRT monitors are being replaced with laptops, tablet computers and smart phones, and these mobile devices are specifically designed to sip power to prolong battery life.

It costs $1.36 to power an iPad for a year, compared with $28.21 for a desktop computer, according to the Electric Power Research Institute.

On the other hand…

We are using more devices, and that is offsetting what would otherwise be a more dramatic reduction in power consumption.

DVRs spin at all hours of the day, often under more than one television in a home. Game consoles are getting more sophisticated to process better graphics and connect with other players, and therefore use more power.

More homes have central air conditioners instead of window units. They are more efficient, but people use them more often.

Still, Jennifer Amman, the buildings program director at the American Council for an Energy-Efficient Economy, says she is encouraged.

“It’s great to see this movement, to see the shift in the national numbers,” she says.

[quote]I expect we’ll see greater improvement over time. There is so much more that can be done.[/quote]

The Energy Department predicts average residential electricity use per customer will fall again in 2014, by 1 per cent.

Jonathan Fahey can be reached at http://twitter.com/JonathanFahey

Share
Greenpeace Arctic 30 activists happy to be home after Russian prison

Greenpeace Arctic 30 activists happy to be home after Russian prison

Share
Greenpeace activists happy to be back home after Russian prison
Alexandre Paul upon his release from Russian prison on November 22 (AFP/Valdimir Baryshev)

MONTREAL – Even after getting arrested at gunpoint, spending two months in a Russian jail, and a third in limbo while awaiting his exit visa, Greenpeace activist Alexandre Paul says the protest was worth it.

In fact, the 35-year-old Montrealer doesn’t hesitate when asked whether he would do it again. Said Paul in an interview Friday at Montreal’s Pierre Elliott Trudeau airport, shortly after arriving home:

[quote]Give me two weeks vacation and I’d go back out there (on another boat).[/quote]

Paul said the whole ordeal helped raise awareness about climate change and the effects of Arctic drilling.

The career activist, who worked on Greenpeace boats several times in the past, was among those arrested during a September protest against a Russian state-owned offshore drilling platform in the Arctic.

The group included 28 Greenpeace members and two freelance journalists. They were originally charged with piracy after some of them tried to scale the platform.

Paul greeted by parents

Paul and the other activists had their cases closed this week under a recent amnesty passed by the Russian parliament.

On Friday, Paul was greeted at the airport by his teary-eyed mother, his father, a small group of friends, and a swarm of reporters.

“I’m really, really happy to be back home,” Paul said, flanked by his mother Nicole and father Raymond.

[quote]It wasn’t the most joyous experience, I can tell you that. But every moment I spent behind bars was worth it.[/quote]

Second Canadian Arctic 30 member released

Fellow Canadian Paul Ruzycki, of Port Colborne, Ont., also arrived home on Friday, Greenpeace Canada said in a release.

Ruzycki declined interview requests, but said through Greenpeace that he’s “very happy to be back home in Canada.”

“I’ll be taking some private time now to be with my family and friends … and have that Christmas turkey dinner I missed,” Greenpeace quoted Ruzycki as saying.

Like something out of an action movie

Paul recalled the arrest as “a scary moment, something really out of an action movie,” with Russian authorities rappelling onto their ship from a hovering helicopter. They forced him and other Greenpeace members to their knees at gunpoint, he said.

Paul originally set out on a Greenpeace boat in mid-July and expected to be home by early autumn, only to end up spending two months in jail.

When Paul realized the piracy charges could carry a 15-year sentence, panic set in, he said.

“I realized my parents might not be around for that length of time,” he told a news conference at the airport.

The charge was later downgraded to hooliganism.

Kremlin brushing up images before Games?

The decision to grant the activists amnesty has been seen by many as part of an attempt by the Kremlin to dampen criticism of Russia’s human rights record ahead of the Games.

Russian oligarch Mikhail Khodorkovsky was also released after a decade in prison and members of the activist group Pussy Riot were pardoned and freed.

Paul told the news conference he appreciated the support he received during his experience and said he was treated well in jail.

Paul: Harper Government did nothing to help Arctic 30

He thanked Canadian consular officials for helping him keep in touch with his family as well as bringing him books.

But he had harsh words for the federal government.

Asked what he thought about Canada’s intervention in helping him return home, Paul replied: “What intervention? That’s my question.

“I was a bit disappointed, but it’s time to move on. We know that in Canada we have a government that’s been put there by the petroleum industry. That’s known.

“But the word I’d use to describe the involvement of Mr. Baird or the entire federal government would be ‘disappointed, really disappointed’.”

Share
Lac-Mégantic voted top Canadian news story of 2013

Lac-Megantic voted top Canadian news story of 2013

Share

Lac-Mégantic voted top Canadian news story of 2013

MONTREAL – Editors and news directors across the country have selected the Lac-Megantic train derailment as Canada’s News Story of the Year, garnering 30.6% of the vote – ahead of Senate expenses and the Rob Ford scandal, which drew 24.2% and 22.6%, respectively.

The following are select quotes from news editors across the country on the Lac-Megantic story:

LAC-MEGANTIC, Que. – Quotes from news directors and editors who chose the Lac-Megantic train derailment as Canada’s News Story of the Year for 2013 in the annual poll of news organizations by The Canadian Press:

[quote]When a train roars into a small community’s downtown and the subsequent derailment kills nearly 50 people and destroys more than 30 buildings, it’s a tragedy of massive proportion.[/quote]

— Perry Bergson, managing editor, Prince Albert Daily Herald

— — —

[quote]A major catastrophe that should never have happened and which has propelled discussions of rail safety and the safety of transporting our top export — crude.[/quote]

— Ian Shelton, deputy editor, iPolitics

— — —

[quote]Considering the scale of loss and the many ‘what ifs’ and ‘if onlys’ that made it that much more compelling, the Lac-Megantic tragedy seems the clear choice for news story of the year.[/quote]

— Leo Pare, news and new media editor, Red Deer Advocate

— — —

[quote]The impact of the freight train cars exploding in Lac-Megantic was a tragic and dramatic story all on its own — the trusted railway destroying the core of the small tourist town. But it’s the breadth of the fallout from the disaster that makes it the news story of the year, with questions raised about railway safety; about the transport of dangerous goods; about how uninformed municipalities are about what passes through their backyards; about U.S. vs Canadian regulations. And then there’s the ongoing human story of dignity, heartbreak, trauma, guilt, and efforts to rebuild.[/quote]

— Catherine Wallace, managing editor, Montreal Gazette

— — —

[quote]There are so many ramifications which could could come out of this pipeline versus rail transit of oil rail safety issues and oversight by governments…plus the impact on a small town…which will need millions to rebuild.[/quote]

— George Gall, news sports director, Country 105 CKQM; Energy 99-7 CKPT; 91-9 BOB; CKLY

— — —

[quote]The Lac-Megantic disaster was one which caused everyone who lives in a small Canadian city or town that has freight trains rumbling through it stop and ponder — ‘that could happen to me some day.’ From the shear enormity of the death, destruction and upheaval for a small community’s way of life, to the shaken trust we all have in our rail safety laws, Lac-Megantic will likely become a red-letter day in the world of railway safety going forward.[/quote]

— Murray Guy, assistant managing editor for Times & Transcript (Moncton), Brunswick News

— — —

[quote]Events like the train disaster are not supposed to happen in Canada, but when they do they raise serious questions about the safety of our rail system and just what chemicals are being transported through hundreds of unknowing communities from one end of the country to the other.[/quote]

— Darrell Cole, managing editor, Amherst News (Amherst, N.S.)

— — —

[quote]For residents of many small towns in Canada where the railway often runs through the middle of the community, the story was chilling; a runaway train runs off the rails and explodes, causing destruction to everything in its path. It hits close to home, what happened in Lac-Megantic could have happened in their town. It’s a stark reminder of the hazardous cargo that is travelling through these small communities, with the public largely unaware of the potential danger. It should be a wake-up call for all of us.[/quote]

— Ken Kingston, news director, CJFX-FM (989XFM)

— — —

[quote]Disasters don’t get any bigger. A human tragedy with a lot of political and policy implications going forward.[/quote]

— Adrienne Tanner, deputy editor, Vancouver Sun

— — —

[quote]No story tore at my heart, or had such clear public policy ramifications, as the tragedy in Lac-Megantic.[/quote]

— Chris Hannay, online politics editor, Globe and Mail

— — —

[quote]A tragic rail disaster that has called in to question so many things. Government oversight of transportation, labour cutbacks versus safety concerns, environmental issues concerning the Bakken oil fields…even Quebec versus the rest of Canada in terms of disaster relief and compassion.[/quote]

— David Hughes, executive producer, CTV National News

— — —

[quote]Made everyone feel vulnerable. Could have happened anywhere. So many helpless were killed suddenly, tragically.

[/quote]

— Frank De Palma, newsroom director, The Chronicle-Herald, Halifax

— — —

[quote]A devastated downtown, 47 victims, a terrible fire, an unparalleled environmental disaster for Quebec and the discovery of laxness in the monitoring of train transport.[/quote]

— Maurice Cloutier, editor-in-chief, Sherbrooke La Tribune

— — —

[quote]With its sheer magnitude, the Lac-Megantic explosion stood out in 2013 for many reasons. This human, social, environmental and government drama captured the imagination of Quebecers and Canadians alike while making news pretty much all over the world.[/quote]

— Pierre Champoux, news director, Radio-Canada.ca

— — —

[quote]This tragedy stunned the entire country. It led to people becoming aware of the risks involved in transporting oil by train and of the poor condition of the rail network. These topics resonated in Ottawa.[/quote]

— Eric Aussant, managing editor, Metro newspaper in Montreal

— — —

[quote]Hugely spectacular, but especially in terms of safety for places where trains carry dangerou materials. The federal government reviewed its regulations.[/quote]

— Denis Bouchard, managing editor and deputy publisher, Chicoutimi Le Quotidien

— — —

[quote]The Lac-Megantic tragedy is an unprecedented environmental, economic and humanitarian disaster.[/quote]

— Francois Beaudoin, managing editor, Granby Voix de l’Est

Share
US woman sues Canadian mining titan Teck over toxins, disease

US woman sues Canadian mining titan Teck over toxins, disease

Share
US woman sues Canadian mining titan Teck over toxins, disease
1988 image of effluent from Teck’s lead and Zinc smelter in Trail, BC (photo: Joel Rogers)

by Dene Moore, Canadian Press

VANCOUVER – A Washington state woman has filed a class-action lawsuit against Teck Resources (TSX:TCK.B), claiming toxic pollutants from the company’s smelter in southeastern British Columbia are to blame for her breast cancer diagnosis and other health ailments.

Barbara Anderson is a longtime resident of Northport, Wash., a small community about 30 kilometres south of Teck’s lead and zinc smelter in Trail.

The lawsuit filed in the Eastern District Court says Anderson was diagnosed with breast cancer in 2012 and inflammatory bowel disease in 2010. Says the claim, filed Thursday:

[quote]Teck negligently, carelessly and recklessly generated, handled, stored, treated, disposed of and failed to control and contain the metals and other toxic substances at the Trail smelter, resulting in the release of toxic substances and exposure of plaintiff and the proposed class. [/quote]

US government, aboriginal group sue for $1 Billion in clean-up costs

The smelter has been in operation under various ownership since 1896. Last year, the Vancouver-based mining giant admitted in another lawsuit brought by the Colville Confederated Tribes that effluent from the smelter polluted the Columbia River in Washington for more than a century.

The U.S. Environmental Protection Agency eventually joined that lawsuit and wants Teck to pay the estimated $1-billion cost of cleaning up the contamination.

The latest lawsuit claims that between 1930 and 1995, the smelter discharged into the Columbia River at least 9 million tonnes of slag containing zinc, lead, copper, arsenic cadmium, barium, antimony, chromium, cobalt, manganese, nickel, selenium and titanium.

“This discharge was intentional and made with knowledge that the waste slag contained metals,” says the complaint.

Teck has spent more than a billion dollars on improvements to the Trail operation. Today, the company says, metals from the smelter are lower than levels that occur naturally in the river.

The company has also spent millions remediating the area in and around Trail following decades of industry, but the company said the international border complicates the issues.

Recent toxic release

Though the discharges were meant to end in 1996, the suit claims there have been numerous unintentional releases since then, most recently in March 2011, when 350,000 litres of caustic effluent went into the river.

A 2012 study by the Washington Department of Ecology found elevated levels of lead, antimony, mercury, zinc, cadmium and arsenic in soil, lakes and wetlands downriver from the plant, the lawsuit claims.

And another study, concluded this summer by the Crohn’s and Colitis Centre at Brigham and Women’s Hospital, found that among 119 current and former residents of Northport, there were 17 cases of ulcerative colitis or Crohn’s disease — a rate 10 to 15 times higher than expected in a population of that size.

The lawsuit also says the smelter released 123 tonnes of mercury into the air from 1926 to 2005, and discharged at least 180 tonnes into the river in that time.

Complaints go back 70 years

Complaints south of the border about the contamination from the Trail smelter surfaced as early as the 1940s, when farmers from Washington state sued Cominco, Teck’s predecessor, over air pollution. That case was eventually resolved in arbitration by the two federal governments and set a precedent for cross-border pollution law.

Anderson and potentially others who could form part of a class-action, if approved, “have suffered a personal injury as a result of Teck’s wrongful conduct in violation of federal common law, nuisance, and Washington negligence and strict liability laws,” the claim says.

The suit asks the court for a declaration that the Trail smelter is “a public nuisance and an abnormally dangerous activity.”

[quote]Teck releases and has released hazardous and toxic substances, which create a high risk of significant harm…Teck has known or should have known about the potential health, safety and environmental dangers these substances pose to the public.[/quote]

The company has a duty to prevent injury, it says.

The allegations in the lawsuit have not been proven in court. Teck has yet to be served with the lawsuit and file a response with the court.

“It’s possible that this could take a long time,” Barbara Mahoney, Anderson’s lawyer, said Friday.

Share
No Surprise: Panel finds in favour of Enbridge

No Surprise: Panel finds in favour of Enbridge

Share
No Surprise: Panel finds in favour of Enbridge
Former Enbridge CEO and Northern Gateway champion Patrick Daniel

Updated 3:20 PM PST

CALGARY – A review panel has recommended that the proposed Northern Gateway pipeline that would carry bitumen from Alberta’s oilsands to tankers on the British Columbia coast go ahead.

But the panel has attached 209 conditions, which cover everything from protecting caribou habitat to research into how the oil would behave in a marine environment.

The controversial proposal has pitted Calgary-based Enbridge (TSX:ENB) against environmental groups and First Nations, who have raised concerns about potential oilspills on land or in the water off the B.C. coast. The panel says any environmental effects can be mitigated effectively if its conditions are met.

Supporters say the pipeline is critical if Alberta is to get its oil to emerging markets in Asia. The panel’s report says that opening up that market is important to the Canadian economy and the benefits far outweigh the risks.

The panel did suggest that Enbridge must be able to prove it would have the financial resources immediately available to respond to any cleanup of a spill or other damage.

“Northern Gateway must file with the (National Energy Board) for approval, at least nine months prior to applying for leave to open, a financial assurances plan … capable of covering the costs of liabilities for … cleanup, remediation and other damages caused by the project during the operation phase,” the report says.

The final decision rests with the federal government, which has roughly six months to respond.

Federal Natural Resources Minister Joe Oliver said the government will thoroughly review the report and consult with aboriginal groups before making that decision.

The cost of the pipeline appears to have sky-rocketed. It had been pegged at more than $6 billion, but the report released Thursday used a $7.9-billion price tag, which includes pre-development costs and marine navigation enhancements.

Enbridge said in a news release that it will work toward meeting the conditions.

“We will closely analyze the panel’s conditions — many of which reflect commitments we put forward at the hearings — and continue to listen and be open to change,” project leader Janet Holder said.

B.C. Environment Minister Mary Polak said the province wants to assess whether the panel’s report addresses five conditions B.C. has set out before it will support the pipeline.

[quote]We are not yet in a position to consider support for any heavy oil pipeline in B.C.[/quote]

The Alberta government welcomed the panel’s recommendation that the pipeline go ahead. Environment Minister Diana McQueen called it a “critical milestone toward getting Alberta’s oil to new international markets.”

Reaction from opponents was swift.

The Raincoast Conservation Foundation said political and corporate agendas won out over the interests of the public. And David Miller of the World Widlife Fund questioned how the panel could acknowledge the environmental risks, but still support the pipeline.

“I think the case is very clear that there is a real risk to the environment, the local economy and the social well-being of people who live in this region,” Miller said. “The (joint review panel) agrees with that yet it’s full steam ahead.

“I think that decision is very unwise.”

Miller suggested it’s still important for people to voice their concerns.

[quote]It’s in the political arena now and it’s up to people to continue to speak up. Our First Nations friends have legal rights as well, and I’m quite certain that coastal First Nations and others will be looking to ensure that their legal rights are respected.[/quote]

If approved by the federal government, the pipeline will probably be just the first to put billions of dollars into the coffers of Alberta, Ottawa and other provincial governments — not to mention the bank accounts of Enbridge and the international companies with a stake in the project.

The pipeline faced an uphill battle in B.C. where the environmental movement was bolstered by a decades-old “War in the Woods” against old-growth logging.

Enbridge and the oilpatch drastically underestimated the power of Green Corp., the older, wiser and better-funded modern version of the tie-dyed denizens who were arrested trying to save trees in the 1990s. Flush with cash from green philanthropists largely from south of the border, groups such as Forest Ethics Advocacy, the Dogwood Initiative and Rising Tides mounted a relentless campaign in Canada and abroad.

Growing concern over climate change has been a factor.

Northern Gateway and other pipeline projects — Keystone XL to the U.S. Gulf Coast, the reversal of Enbridge’s Line 9 through Ontario and Quebec, and Kinder Morgan’s proposed expansion of its Trans Mountain line to Metro Vancouver — mean production in the Alberta oilsands could triple by 2035, also increasing greenhouse gas emissions.

But protests in B.C. have been more of the grassroots, not-in-my-ocean variety.

There are also concerns that the heavy, molasses-like diluted bitumen coming from the oilsands is more corrosive and difficult to clean up in the event of a spill.

But perhaps the toughest hurdle for the project has been the simmering tension between B.C. First Nations and the federal government.

Unlike the rest of Canada, most First Nations in the westernmost province never signed treaties with the Crown. Decades of treaty negotiations have largely gone nowhere and aboriginal rights have been left to the courts.

Before Enbridge ever filed its application for the pipeline, Ottawa made the decision to let the joint review by the National Energy Board and Canadian Environmental Assessment Agency stand for its duty to consult with First Nations.

“The federal government would not support a process for aboriginal consultation separate from the (joint review panel) process…,” said an internal Aboriginal Consultation Plan obtained by The Canadian Press using an Access to Information request.

That didn’t go well.

“We’re treated as a stakeholder in this process,” Carrie Henchitt, a lawyer for the Heiltsuk Nation, said as the panel hearings became increasingly adversarial earlier this year. “We are not just stakeholders. We have specific rights very different from other interest groups.”

Many aboriginal groups opposed to the pipeline refused to take part in the review. Several indicated they were preparing court action should the project get the nod.

The political backlash was not limited to First Nations.

The Conservative government became defensive over oilpatch expansion and Oliver branded opponents as “foreign special interests groups” that threatened to “hijack our regulatory system to achieve their radical ideological agenda.”

The government changed the rules to give cabinet the final say on approval and rewrote rules around waterways and environmental protections.

It wasn’t until after the project was mired in controversy that Oliver announced rules that began to address some of the concerns around tanker and pipeline safety, and over liability in the event of a spill.

— With files from Dene Moore in Vancouver

Share
NEB-to-announce-Enbridge-recommendations-today

NEB to announce Enbridge recommendations today

Share
NEB-to-announce-Enbridge-recommendations-today
Chiefs of the Tsimshian First Nation speak out against Enrbidge at a 2012 Prince Rupert rally

VANCOUVER – Following months of hearings, years of debate and dozens of protests, the federal panel reviewing the controversial Northern Gateway pipeline will release its report later today.

Much hangs in the balance.

The $6-billion pipeline that would connect the Alberta oilsands to tankers on British Columbia’s coast bound for the emerging markets of Asia has become the beachhead in the battle between economics and the environment.

If approved, the pipeline will likely be just the first to put billions of dollars into the coffers of Alberta, Ottawa and other provincial governments, not to mention the bank accounts of the proponent, Calgary-based Enbridge (TSX:ENB), and the international companies with a stake in the project.

“I would guess that in the early planning stages… they thought these were slam-dunks,” Marc Lee, an analyst at the left-leaning Canadian Centre for Policy Alternatives, says of Northern Gateway, Keystone XL and other pipeline projects now facing staunch opposition.

So, what went wrong? What didn’t.

The pipeline was always going to face an uphill battle west of the Rockies, in the province where the environmental movement was bolstered by the decades-old “War in the Woods” against old-growth logging.

Enbridge and the oil patch drastically underestimated the power of Green Corp., the older, wiser and better-funded modern version of the tye-dyed denizens who were arrested trying to save trees in the 1990s. Flush with cash from green philanthropists largely from south of the border, groups like Forest Ethics Advocacy, the Dogwood Initiative and Rising Tides have mounted a relentless campaign in Canada and abroad.

“Now, we could potentially see another ‘war in the woods’ over this pipeline,” Lee says.

Growing concern over climate change has been a factor.

Northern Gateway and other pipeline projects — the Keystone XL to the U.S. Gulf Coast, the reversal of Enbridge’s Line 9 through Ontario and Quebec, and Kinder Morgan’s proposed expansion of its Trans Mountain line to Metro Vancouver — mean production in the Alberta oilsands could as much as triple by 2035 and the greenhouse gases it emits along with it.

But while the global concern over greenhouse gas emissions may have spurred funding, protests in B.C. have been more of the grassroots, not-in-my-ocean variety.

There are also concerns that the heavy, molasses-like diluted bitumen coming from the oilsands is more corrosive and difficult to clean up in the event of a spill.

But perhaps the toughest hurdle for the project has been the simmering tension between B.C. First Nations and the federal government.

Unlike the rest of Canada, most First Nations in the westernmost province never signed treaties with the Crown. Decades of treaty negotiations have largely gone nowhere and aboriginal rights have been left to the courts.

Before Enbridge ever filed its application for the pipeline, Ottawa made the fateful decision to let the joint review of the National Energy Board and Canadian Environmental Assessment Agency stand for its duty to consult with First Nations.

“The federal government would not support a process for aboriginal consultation separate from the (joint review panel) process…,” said an internal Aboriginal Consultation Plan obtained by The Canadian Press using an Access to Information request.

That didn’t go well.

“We’re treated as a stakeholder in this process,” Carrie Humchitt, a lawyer for the Heiltsuk Nation, said as the panel hearings became increasingly adversarial earlier this year. “We are not just stakeholders. We have specific rights very different from other interest groups.”

Many aboriginal groups opposed to the pipeline refused to take part in the review. Several have indicated they are already preparing court action should the project get the nod.

“Even if the joint review panel says yes, and even if the Harper government says yes, I don’t think this is going to get built any time soon. This will be in courts for a really long time,” Lee says.

The political backlash was not limited to First Nations.

The Conservative government became defensive over oil patch expansion, with Natural Resources Minister Joe Oliver branding opponents “foreign special interests groups” that threatened to “hijack our regulatory system to achieve their radical ideological agenda.”

The government changed the rules to give cabinet the final say on the approval, and rewrote the rules around waterways and environmental protections.

It wasn’t until after the project was mired in controversy that Oliver announced rules that began to address some of the concerns around tanker and pipeline safety, and liability in the event of a spill.

Greg D’Avignon, president of the B.C. Business Council, says the outcome of the Northern Gateway project will shape B.C.’s future. Either the province will have a multibillion-dollar project or a reputation as the “no” province.

“The reality is whether you support this particular project or not, that culture is now building a bit of a reputation and we’re going to suffer the consequences in terms of our quality of life, our ability to fund education and health care if we don’t start to figure out how to get things done,” he says.

The demand for oil has not diminished, but it Canada can’t meet those needs the market will go elsewhere, he says.

There is disconnect in the public over the oil industry, D’Avignon says.

“Vancouver Island would shut down in three days if it weren’t for the oil barge that goes out of Burrard Inlet a couple times a week,” he says.

“So, we like the benefits of oil but we don’t want the ability to actually extract it, move it, sell it into the marketplace and create jobs from it.

“And we need to reconcile that, because even if we stopped using oil today, it would be 30 to 40 years before there would be alternative energy sources to pick up that demand in the market place.”

Despite the hurdles, the proponent remains optimistic.

Northern Gateway spokesman Ivan Giesbrecht says years of hard work went into the application, and the company believe it can build the safest pipeline in the world.

“It’s an important step for us, but it’s been a very thorough process by the joint review panel and we’re looking forward to the announcement.”

Share