The Kitimat Liquified Natural Gas project at Bish Cove, Douglas Channel, south of Kitimat, B.C., would be the final destination for the Coastal GasLink pipeline. (CP)
A subsidiary energy company that would deliver natural gas to LNG Canada’s Kitimat plant has filed an application for an injunction against the Unist’ot’en Camp, south of Houston, B.C.
Coastal GasLink, a subsidiary of TransCanada Pipelines Ltd., filed an application for an injunction on Friday to gain access to the Morice River Bridge, which it claims is being blockaded by the Unist’ot’en Camp and stalling construction on the project.
The Coastal GasLink pipeline would deliver natural gas, starting in an area close to Dawson Creek, all the way to the proposed LNG Canada facility in Kitimat.
The Unist’ot’en Camp was constructed in 2010 to assert and “reoccupy” the land of the Wet’suwet’en people, on which several proposed pipelines would be constructed. The Unist’ot’en are a clan of the Wet’suwet’en people.
In the application, Coastal GasLink’s proposed injunction would prohibit anyone from “physically preventing, impeding or restricting or in any way physically interfering” with access to the Morice River Bridge or the Morice West Forest Service Road, or coming within 10 metres of Coastal GasLink’s employees or vehicles in the area.
The application would also give police authority to arrest people breaching the injunction.
In a statement posted on its website, Coastal GasLink said that “this decision was not taken lightly” and is “a last resort and a necessary action in our efforts to safely gain access to the area.”
Coastal GasLink named Freda Huson and Warner Naziel, and referenced “others” involved in the bridge blockade, alleging that they were “preventing access” to the area. If the blockade stalled the project, the company claimed, there would be a “significant risk” that the project will miss the date of completion under the contract with LNG, which it claims added up to $24 million in contracts.
Karla Tait, an Unist’ot’en house group member, said in a statement that the two people named in the application were not hereditary chiefs and that the injunction ignored the group’s jurisdiction over the land, on which it operates a holistic healing lodge.
“The fact that this company can make a civil suit thinking that Freda Huson and Warner Naziel are the only ones standing in the way of their project is utterly ignorant and out of touch with all that we stand for as Unist’ot’en and as Indigenous people,” she said in the statement.
Richard Wright, spokesperson for the Hereditary Chief of Luutkudziwuus, holds up a copy of the fourth federal lawsuit against the Pacific Northwest LNG project during a news conference in Vancouver, Tuesday, Jan.10, 2017. THE CANADIAN PRESS/Jonathan Hayward
The Canadian Press | Jan 10, 2017
VANCOUVER – Members of a B.C. First Nation are expected to launch another legal challenge of a massive liquefied natural gas project proposed for the province’s north coast.
Several hereditary chiefs with the Gitxsan First Nation will be in Vancouver today to announce their opposition to the Pacific Northwest LNG project, a project backed by Malaysia’s state oil company Petronas.
The group’s traditional territory is in northwestern B.C., near the area where a $11.4 billion LNG export terminal would be built close to Prince Rupert, B.C.
The federal government announced its approval of the $36 billion terminal and pipeline project in September, subject to 190 conditions, including a cap on carbon emissions.
The Gitxsan challenge is in addition to other actions by area First Nations or chiefs, asking the Federal Court for a judicial review of the approval, alleging the government failed to properly consult with them.
Pacific NorthWest LNG has said it has been meeting with local First Nations since 2012 and is continuing to work with them.
Pipeline construction in British Columbia. (Gary Campbell For The Globe and Mail)
By Christopher Adams in Analysis, Energy | Sept 22nd 2016
Several large Canadian pipeline projects are continuing to move through the approval process in the face of mounting opposition.
Although there have been setbacks, industry lobby groups are aggressively pushing back against arguments that their projects aren’t compatible with action on climate change.
Keystone XL was rejected by U.S. President Barack Obama, prompting a lawsuit. Trans Mountain is facing fierce opposition from environmentalists and indigenous leaders in B.C.. The Energy East hearings derailed after a National Observer report detailed private meetings between review panelists and a TransCanada consultant, former Quebec premier Jean Charest.
The latest development came Tuesday when proponents of Enbridge’s Northern Gateway pipeline said they will not appeal a Federal Court of Appeal decision in June to quash Ottawa’s approval of the $7.9-billion project. The federal government then announced it won’t appeal, either. The court had ruled the approval must be set aside because government had failed in its duty to consult with aboriginal people.
And on the land of two First Nations in Canada — the Mohawk in Montreal and the Musqueam in Vancouver — Indigenous nations across North America signed a historic pan-continental treaty allianceon Thursday against oilsands expansion in their traditional territory.
As opposition mounts, here’s an update on the status of all major LNG and oil pipeline projects in Canada.
A look at the route of Enbridge’s proposed Northern Gateway pipeline project, which would carry 525,000 barrels per day just northeast of Edmonton to Kitimat, B.C. Graphic from Enbridge’s Northern Gateway website.
Enbridge’s Northern Gateway pipeline would ship 525,000 barrels per day of oilsands crude from northeast of Edmonton to Kitimat, B.C.. Its goal is to sell Alberta crude to Asian markets. A parallel line would bring 193,000 bpd of toxic bitumen-thinning diluent in the opposite direction.
Northern Gateway has been hugely controversial. The idea of crude-oil laden supertankers navigating the choppy waters of the Douglas Channel on their way out to the Pacific is a non-starter for many British Columbians. The line also crosses tracts of unceded First Nations territory in B.C., which has many aboriginal groups — especially on the coast — staunchly opposed to it.
Until the June court decision, Enbridge held a federal permit to build Northern Gateway, granted in mid-2014. On Tuesday, the company urged the federal government to meet its constitutional obligations to meaningfully consult with First Nations and Metis to get the project back on track.
A graphic shows the proposed route of TransCanada Corp.’s Energy East pipeline between Hardisty, Alberta and Saint John, New Brunswick. Graphic from National Energy Board website in September 2016.
TransCanada Corp., the same company behind Keystone XL, applied to the National Energy Board in October 2014 to build the Energy East Pipeline. The $15.7-billion project aims to ship 1.1-million barrels of Alberta crude a day across six provinces and 4,600 kilometres.
The pipeline would supply crude to import-dependent eastern refineries, as well as export landlocked Alberta oil to Europe and India. Energy East would repurpose existing natural gas pipe for about two thirds of the route and build new pipe through Quebec and New Brunswick.
Three days of National Energy Board hearings were held in August in Saint John, but hearings in Montreal the following week were postponed and then cancelled after protesters disrupted proceedings. They accused panellists of bias after reports published by National Observer revealed that two of them had met privately in January 2015 with former Quebec premier Jean Charest, a consultant for TransCanada Corp. at the time.
In early September, the three-member panel recused themselves. NEB chief executive Peter Watson and vice-chair Lyne Mercier gave up their responsibility to appoint a new panel, instead leaving the job to the government. Natural Resources Minister Jim Carr has said the promised 21-month review process for Energy East could be “modestly” delayed as a new panel is chosen.
TransCanada says construction would begin shortly after approval, with the goal of shipping oil in 2021.
TransCanada applied for U.S. permission to build its Keystone XL pipeline in September 2008. The idea was to extend an existing cross-border pipeline to give oilsands crude a more direct route to U.S. Gulf Coast refineries.
At the time, TransCanada thought the XL segment would make its way through the regulatory process just as smoothly as the previous phases. It was wrong.
The stretch of pipe cutting a diagonal line from the Saskatchewan-Montana border to southern Nebraska became the focal point of the environmental movement. Debate over Keystone XL centred not only on the environmental impacts on the American Heartland in the event of a spill, but on its broader role in hastening climate change.
After a seven-year regulatory saga, U.S. President Barack Obama rejected Keystone XL last November. Now, TransCanada has set in motion a US$15-billion challenge under the North American Free Trade Agreement, arguing it was treated inequitably. It has also launched a separate federal lawsuit seeking a declaration that Obama overstepped his constitutional power.
The Canadian arm of U.S. energy giant Kinder Morgan is aiming to nearly triple the capacity of its Trans Mountain pipeline to 890,000 barrels of oil per day. The existing Trans Mountain line currently has capacity to ship 300,000 bpd of various petroleum products from the Edmonton area to the B.C. Lower Mainland and Washington State.
The $6.8-billion project has faced stiff opposition from those who don’t want to see more crude-filled tankers moving through the Burrard Inlet. Protesters held up survey work on Burnaby Mountain late last year.
Kinder Morgan filed its regulatory application for the Trans Mountain expansion in late 2013. The National Energy Board hearing process for Trans Mountain has been highly criticized, with commenters and intervenors withdrawing from the process. The board has issued 157 draft conditions that Kinder Morgan must meet if the project is to be approved, and the company says that’s achievable.
In November, a report is due from a three-person federal review panel doing indigenous consultations. The federal government has vowed to decide whether or not to approve Trans Mountain before the end of December.
Pacific Northwest LNG
The $36-billion Pacific Northwest LNG project is a liquefaction and export facility and pipeline on northeast British Columbia’s Lelu Island. Led by Malaysia’s state-owned energy giant Petronas, the controversial project — which is still awaiting federal approval — would export B.C. LNG to Asian markets and would add an estimated $2.9-billion annually to Canada’s GDP. Petronas also estimates that, if approved, the project would generate up to 4,500 jobs during peak construction.
The Pembina Institute claims that the project could become the largest source of carbon emissions in Canada and that its construction would “seriously undermine” Canada’s commitment to emission reduction targets set in Paris late last year. If constructed, Pembina says the single project would take up as much as 87 per cent of B.C.’s 2050 allowed emissions under the provinces legislated target.
Construction would take around four years, with Petronas hoping to start exporting LNG to Asia by 2020 to 2021. A decision is expected in early October following a final report from the Canadian Environmental Assessment Agency.
But this project is also facing some controversy due to recent reports of turmoil at Petronas, the Malaysia state energy company that is the lead shareholder of the project. The Vancouver Sun reported this week about a “jaw-dropping” audit showing that Petronas was “struggling with major safety and structural problems in its Malaysian offshore operations.”
Eagle Mountain-Woodfibre gas pipeline and LNG facility
Woodfibre LNG Limited is currently awaiting a final investment decision on its LNG processing and export facility just outside of Squamish, B.C. housed in the former Woodfibre pulp mill facility.
The $1.6-billion project received the federal stamp of approval earlier this year when Environment and Climate Change Canada said that the project is “not likely to cause significant adverse environmental effects.” Opponents of the project criticized the Trudeau government for approving the project, citing dangers to local aquatic wildlife and broken election promises to reduce greenhouse gas emissions.
Woodfibre LNG Limited estimates that the facility could export around 2.1-million tonnes of LNG per year to markets in Asia.
The provincial government also gave environmental approval to FortisEnergy B.C.’s Eagle Mountain-Woodfibre Gas Pipeline project, which would see an additional 47 kilometre pipeline built to transport natural gas from Vancouver Island to the Woodfibre facility outside Squamish.
Enbridge obtained regulatory approval for its Line 9B reversal and expansion project in March 2014. The original Line 9 has been in the ground for four decades and had been running from Montreal to southwestern Ontario since 1998. But given shifting market dynamics, Enbridge decided to restore its flow to its original west-to-east configuration.
That would enable crude to get to Quebec refineries, like Suncor Energy’s facility in eastern Montreal. The project also involves boosting the line’s capacity to 300,000 barrels a day from 240,000 barrels.
Work on the project has been complete since the fall of 2014. The National Energy Board gave its blessing to start Line 9B last year and it is currently operational.
Enbridge receivedapproval from the National Energy Board to expand and modernize its aging Line 3 pipeline on April 25, 2016. The replacement project, described as the Calgary-based pipeline company’s largest, is expected to double the amount of crude piped from Alberta to Superior, Wisconsin to 760,000 barrels per day. The company will spend $7.5-billion to replace the 50-year-old pipeline infrastructure, nearly doubling the pipeline’s carrying capacity.
Although it already has presidential approval — the stamp that Keystone XL never received — Enbridge recently pushed its expected completion date back to 2019 due to other regulatory restrictions in the U.S.
-With files from Elizabeth McSheffrey and The Canadian Press’s Dan Healing.
Several First Nations groups are banding together to block early work by contractors for Petronas’ Lelu Island LNG terminal.
Leaders of the Madii Lii resistance camp – situated atop several proposed pipeline routes in the Skeena Valley – are rallying behind hereditary chiefs of the Lax Kw’alaams Nation who have been occupying Lelu Island in opposition to survey work for Petronas’ controversial project.
“We are standing together with the Chiefs on Lelu Island in opposition to the same LNG project. Our Madii Lii territory is on the pipeline route, and their Lelu Island territory is on the terminal site. We have both said no,” said Gitxsan Hereditary Chief Luutkudziiwus (Charlie Wright) in a statement today.
“This project threatens the salmon that all Skeena River and North Coast people depend on, and we thank the Yahaan (Don Wesley) and other Tsimshian Chiefs for what they are doing for all of us.”
Hereditary chiefs hold the line
Hereditary leaders of the Lax Kw’alaams and their supporters – a group of approximately 45 in total – erected a camp on Lelu Island, in the Skeena estuary, about two weeks ago in order to halt seismic and survey work by Petronas’ contractors. The work reportedly stems from concerns raised by the Lax Kw’alaams’ elected leadership over the initially planned location of a causeway for ships visiting the terminal – which sat in the middle of vital, sensitive habitat for salmon and other marine life. The elected leaders granted permission to the contractors to survey the area for an alternate location for the causeway, but this has not sat well with a group of hereditary chiefs now leading the occupation.
They confronted the crew of the Quin Delta drill ship and a barge which moved into the area over the weekend.
According toThe Vancouver Sun, “Some equipment was set up before First Nations went out to the ship and asked the workers to stop, said Joey Wesley, a Lax Kw’alaams First Nation member. The activity ceased, but the workers appeared to have trouble removing equipment from the ocean floor, including heavy concrete blocks with surface markers, he said. The ship and barge remained in their location on Sunday just off Lelu Island, said Wesley.”
Moreover, while Petronas’ contractors are operating under permits from the BC government and the Prince Rupert Port Authority, the federal review for the project is ongoing, after facing multiple delays owing to unanswered questions from the Canadian Environmental Assessment Agency.
The Port Authority is nevertheless warning that it will take action against anyone who obstructs survey work for the Lelu Island project – which will likely only inflame an already tense situation.
Gitxsan to take legal action
The Gitxsan leaders of Madii Lii Camp are not only backing their Skeena brethren, but they have been occupying their own territory in staunch opposition to pipeline construction and are now promising legal action of their own. “We are taking the government to court over the lack of consultation, the inadequate baseline information presented, the weak and subjective impact assessment, the current cumulative effects from past development, and the massive infringement of our Aboriginal rights,” says Madii Lii spokesperson Richard Wright.
“People are now on the ground blocking the Petronas project from the coast to far inland.”
Is ‘reconciliation’ possible amid energy conflicts?
These actions are mirrored by the Unist’ot’en Camp in Wet’suwet’en territory to the south, which stands in the path of several planned Kitimat-bound gas pipelines and the proposed Enbridge Northern Gateway pipeline. Tensions there have also grown recently, with the spectre of an armed RCMP takedown of the camp.
Petronas-led proposal for Lelu Island is one of leading B.C. projects
Northern B.C. First Nation members say they stopped Malaysian state-controlled Petronas, the company behind an $11.4-billion liquefied natural gas terminal, from starting test ocean drilling in northwest B.C. this weekend.
The 33-metre Quin Delta drill ship, owned by Gregg Marine in California, and a barge were moved into the waters off Lelu Island near Prince Rupert by Pacific NorthWest LNG early Saturday morning.
Some equipment was set up before First Nations went out to the ship and asked the workers to stop, said Joey Wesley, a Lax Kw’alaams First Nation member.
The activity ceased, but the workers appeared to have trouble removing equipment from the ocean floor, including heavy concrete blocks with surface markers, he said. The ship and barge remained in their location on Sunday just off Lelu Island, said Wesley.
“Our intention is to put a stop to it. It’s a really sensitive eco-system,” Wesley said in a phone interview Sunday.
Wesley is part of an “occupation” camp — numbering 45 or so people from various First Nations — set up on the island two weeks ago over concerns the LNG project will harm salmon-rearing habitat in eel grass beds at Flora Bank adjacent to the island and to block development of the terminal.
The occupation group put out a call on Facebook during the weekend for reinforcements to help halt any drilling.
Wesley, whose family claims Lelu Island as a traditional-use area, noted that four or five workers walked onto Flora Bank when it was exposed by the low tide on Sunday, something they had been asked not to do.
Wesley said their concerns have been heightened by a 2013 internal audit that found serious safety issues on Petronas’ offshore Malaysian operations revealed in a Vancouver Sun last week.
The Prince Rupert Port Authority said Sunday it has authorized Pacific NorthWest LNG to drill as part of preliminary site work for a federal assessment. In an email, port authority spokesman Michael Gurney said they respect people’s right to express their opinion safely and peacefully, but noted they have patrol boats in the harbour and anybody jeopardizing safety will be asked to stop.
Pacific NorthWest LNG could not be reached for comment on Sunday.
The drilling vessel Quin Delta (contracted out of Gregg Marine in California by Petronas/PNW LNG and Prince Rupert Port Authority) attempted to drill in Agnew Bank. Photograph by: Facebook
The terminal and its pipeline to northeast B.C. have been viewed as a leading project in the Christy Clark-led Liberal government’s efforts to start a new natural gas export industry to Asia.
Last spring, the Lax Kw’alaams rejected a $1.15-billion benefits package offer from the company and the B.C. government on concerns over Flora Bank.
The Lax Kw’alaams elected leadership told its members three weeks ago it had an agreement that allowed investigative drilling to find an alternative site, away from the Flora Bank. The port has said the elected leadership has agreed to the drilling work.
The company, however, has not answered questions on whether the drilling is to find another location for a suspension bridge and pier that skirts one edge of Flora Bank.
While the province has approved the Pacific NorthWest LNG project, a federal government review is still pending.
It’s been delayed several times as the agency has asked for more information about the effects of the project on salmon-rearing habitat at Flora Bank.