Tag Archives: Enbridge

Minnesota court rejects challenges to Enbridge Line 3 pipeline approval

CALGARY, Alberta (Reuters) – The Minnesota Supreme Court declined on Tuesday to hear environmental and tribal challenges to Enbridge Inc’s Line 3 oil pipeline, a decision that removes one potential obstacle for the already-delayed project.

The ruling means the Minnesota Public Utilities Commission (MPUC), the state regulator that approved the Line 3 project last year, will not have to consider additional environmental issues.

Line 3 is part of Enbridge’s Mainline network that transports western Canadian oil to Midwest refineries. The replacement project would double capacity to 760,000 barrels per day, providing much-needed relief from congestion on existing Canadian pipelines.

Pipelines carrying Canadian oil have fallen short for years of meeting demand because of delays with Line 3, the Canadian government-owned Trans Mountain and TC Energy Corp’s Keystone XL.

Line 3 was meant to be in service by the end of this year but has been delayed until the second half of 2020 because of issues with permitting.

“We agree with this decision from the Minnesota Supreme Court which now allows the Minnesota Public Utilities Commission to move forth with the permitting process for the Line 3 replacement,” said Guy Jarvis, Enbridge’s executive vice president of liquids pipelines. “We look forward to the MPUC providing their guidance on the remaining process and schedule.”

The American Petroleum Institute also welcomed the court’s decision. Erin Roth, executive director of API Minnesota, said Line 3 was the “most studied pipeline project in state history.”

In June, the Minnesota Court of Appeals ruled that the Public Utilities Commission had failed to address how an oil spill from the line would affect Lake Superior within the project’s environmental impact statement.

Groups including Honor the Earth and the Mille Lac Band of Ojibwe that oppose replacement of Line 3, which was built in the 1960s, petitioned for the state Supreme Court to review other aspects of the impact statement that the appeals court approved. Those petitions were denied on Tuesday.

“We are profoundly disappointed that the Minnesota Supreme Court felt more interested in siding with the rights of a Canadian corporation to proceed with a high-risk project than protecting the rights of the Minnesota Anishinabe and indigenous people and the rights of nature,” Winona LaDuke, executive director of Honor the Earth, said.

Calgary-based Enbridge’s shares closed up 0.15% on the Toronto Stock Exchange at C$46.70.

(Reporting by Nia Williams in Calgary and Rod Nickel in Winnipeg; Editing by Leslie Adler and Peter Cooney)

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CSIS gathered info on peaceful groups, but only in pursuit of threats: Watchdog

Demonstrators protest Enbridge's Northern Gateway pipeline in Vancouver. In its February 2014 complaint to the CSIS watchdog, the British Columbia Civil Liberties Association alleged the spy service had overstepped its legal authority by monitoring environmentalists opposed to the now-defunct project. (Reuters)

Demonstrators protest Enbridge’s Northern Gateway pipeline in Vancouver. (Reuters)

Committee concluded fears of CSIS surveillance were unjustified

Canada’s spy service collected some information about peaceful anti-petroleum groups, but only incidentally in the process of investigating legitimate threats to projects such as oil pipelines, says a long-secret federal watchdog report.

The newly disclosed report from the Security Intelligence Review Committee acknowledges concerns about a “chilling effect,” stemming from a belief that the Canadian Security Intelligence Service was spying on environmental organizations.

Advocacy and environmental groups Leadnow, the Dogwood Initiative and the Council of Canadians are mentioned in the thousands of pages of CSIS operational reports examined by the review committee.

But after analyzing evidence and testimony, the committee concluded the fears of CSIS surveillance were unjustified.

The heavily censored review committee report, completed last year and kept under wraps, is only now being made public because of the British Columbia Civil Liberties Association’s challenge of the findings in the Federal Court of Canada.

In its February 2014 complaint to the CSIS watchdog, the association alleged the spy service had overstepped its legal authority by monitoring environmentalists opposed to Enbridge’s now-defunct Northern Gateway pipeline proposal.

It also accused CSIS of sharing this information with the National Energy Board and petroleum industry companies, deterring people from expressing their opinions and associating with environmental groups.

The review committee’s dismissal of the complaint has been known since September 2017, but a confidentiality order by the committee prevented the civil liberties association from releasing the report. As the association fights to overturn the dismissal, redacted versions of the detailed findings and related documents are being added to the public court record.

Info collected fell within CSIS mandate: review

The association, which became concerned about CSIS activities through media reports, told the committee of a chilling effect for civil society groups from the spy service’s information-gathering as well as comments by then-national resources minister Joe Oliver denouncing “environmental and other radical groups.”

A CSIS witness testified the spy service “is not in the business of investigating environmentalists because they are advocating for an environmental cause, period.”

Still, another CSIS witness spoke of the need for “domain awareness” to identify “potential triggers and flashpoints” — in part to ensure the service is aware of what is happening should a threat arise, the report says.

Ultimately, the review committee concluded CSIS’s information collection fell within its mandate, and that the service did not investigate activities involving lawful advocacy, protest or dissent. The report indicates that any information on peaceful groups was gathered “in an ancillary manner, in the context of other lawful investigations.”

The report also says there was no “direct link” between CSIS and the chilling effect groups mentioned in testimony before the committee.

The civil liberties association considers some of the findings contradictory, pointing to the 441 CSIS operational reports deemed relevant to the committee’s inquiry, totalling over 2,200 pages.

For instance, one of the largely censored CSIS records, now disclosed through the court, says the reporting was further to “the Service’s efforts in assessing the threat environment and the potential for threat-related violence stemming from (redacted) protests/demonstrations.”

Another refers to the Dogwood Initiative as a “non-profit, Canadian environmental organization that was established in 1999 ‘to help communities and First Nations gain more control of the land and resources around them so they can be managed in a way that does not rob future generations for short-term corporate gain.”‘

The passages before and after the description are blacked out.

“It’s our view that these documents demonstrate that CSIS was keeping tabs on these groups, even if they weren’t formal targets,” said Paul Champ, a lawyer for the civil liberties association.

“But we maintain it’s unlawful to keep information on these groups in CSIS databanks when they are only guilty of exercising their democratic rights.”

The committee report says CSIS should review its holdings to ensure it is keeping only information that is strictly necessary, as spelled out in the law governing the spy service.

The report cites “clear evidence” CSIS took part in meetings with Natural Resources Canada and the private sector, including the petroleum industry, at the spy service’s headquarters, but says these briefings involved “national security matters.”

The committee also concludes CSIS did not share information concerning the environmental groups in question with the National Energy Board or non-governmental members of the petroleum business.

Even so, the perception of CSIS discussing security issues with the oil industry can “give rise to legitimate concern,” the committee report adds. “This needs to be addressed.”

The committee urges CSIS to widen the circle of its public security discussions to include environmental and other civil society groups.

By Jim Bronskill · The Canadian Press 

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Minnesota Public Utilities Commission Approves Enbridge’s Line 3 Replacement Project

According to Enbridge, the multibillion-dollar Line 3 replacement represents the largest project in the company’s history. Here, contractors work near Superior, Wis. MPR News

Minnesota regulators have approved Enbridge’s proposal to replace its Line 3 pipeline across the northern part of the state.

According to media reports, the Minnesota Public Utilities Commission unanimously approved the $9-billion Enbridge Line 3 replacement project on Thursday afternoon.

MPR News says the decision came with several conditions, including a decommissioning trust fund to ensure the new pipeline will be retired responsibly decades from now. Enbridge will also be required to follow through on a promise to landowners to remove portions of the old Line 3 upon request.

The Globe and Mail reports, a narrow 3-2 decision approved Enbridge’s preferred route for the pipeline, south of the existing corridor, with only slight modifications, meaning the company dodges the potential for lengthy delays and added costs of alternatives.

Indigenous tribes and environmental groups vowed immediately to appeal the decision and maintain their resistance to the project.

In a sign of potential clashes ahead, the commission was interrupted midway through Thursday’s deliberations in St. Paul, Minn., by shouts that it had “declared war on the Ojibwe.”

Native american activists and environmentalists oppose the project, saying it’s unnecessary and would risk spills in pristine areas of the state.

Line 3 also requires 29 additional permits from local, state and federal levels, Minnesota Governor Mark Dayton said in a statement. “Approvals are by no means assured,” he said.

Appeals of the commission’s decisions go to the Minnesota Court of Appeals.

The Minnesota Legislature also could intervene when it reconvenes next year. Dayton vetoed a bill last session that would have let Enbridge bypass the commission and proceed with replacing Line 3. But voters will elect a new governor and a new Legislature in November.

The total length of the Line 3 replacement is 1,031-mile (1,660-km) from Alberta in western Canada to Wisconsin.

Enbridge Backtracks on Decision to Seize Assets from Environmental Group

Staff at the Vancouver office of an environmental group got an unexpected visit on Tuesday from sheriffs who were holding court documents authorizing them to seize the organization’s assets on behalf of Enbridge.

Karen Mahon with Stand.earth, formerly known as Forest Ethics, said the documents authorized the sheriffs to take and sell all of their assets to recover money owed to the pipeline giant.

Stand.earth owes Enbridge money after losing a court case against changes to Line 9 – a pipeline that runs between Ontario and Quebec.

A photo of documents posted online by the environmental group shows the amount owing is about $14,500.

The fees were awarded as part of an unsuccessful lawsuit the group launched against the National Energy Board and Enbridge, alleging inadequate consultation around the pipeline expansion project.

In an email Enbridge spokesperson Jesse Semko said Enbridge abandoned the decision to seize Stand.earth’s assets, adding they would not pursue the matter any further.

~With files from the Canadian Press

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Keystone XL, Line 3 and Trans Mountain ‘More Vital Than Ever’ as Energy East Cancelled: Analyst


An analyst says the shelving of TransCanada Corp.’s Energy East pipeline means it’s more vital than ever that three other pipelines to oil export markets proceed as planned.

AltaCorp Capital analyst Dirk Lever said Friday that Canadian producers will have to transport any new oil production over the next year or so using railcars because the pipelines leaving Western Canada now are essentially full.

He said the next capacity increase is expected to come with Enbridge Inc.’s Line 3 replacement project, which is under construction and will add 370,000 barrels per day of capacity to the United States by early 2019.

But that additional room will only just accommodate new output from oilsands expansions and the situation will remain tight until the Trans Mountain expansion pipeline to the West Coast proposed by Kinder Morgan is in service, which is expected to add 590,000 barrels per day by late 2019.

TransCanada hasn’t yet approved its Keystone XL pipeline into the U.S., but Lever said its 830,000-barrel-per-day capacity will likely provide enough room for Canadian oil production growth until about 2030, when the industry expects Canadian production to reach five million barrels per day.

He said Energy East could come off the shelf if any of the other pipelines don’t go ahead, or if market conditions change to encourage higher production growth.

The Canadian Press

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