Today the BC Court of Appeal ruled unanimously that the BC NDP government must reconsider the conditions of the environmental assessment certificate allowing the expansion of the Trans Mountain pipeline. This is an incredibly important ruling as it means that the BC government now has the opportunity, which the BC Greens expect them to take, to reexamine the  nebulous environmental conditions put in place by the former B.C. Liberal government. As I’ve argued numerous times in the past, politics clearly trumped evidence in the decision-making process of the NEB approval for the Transmountain pipeline. British Columbia now has the opportunity to ensure our coastal regions are protected.

As we move forward I am looking for the BC environmental assessment process to now properly consider the many issues I raised during the fundamentally flawed NEB process.

Below is a copy of the press release my office released following the BC Court of Appeal ruling.

Media Statement

B.C. NDP government empowered to revisit Trans Mountain pipeline conditions
For immediate release
Sept. 17, 2019

VICTORIA, B.C. – Today’s B.C. Court of Appeal’s unanimous ruling that the NDP government must reconsider the conditions of the environmental assessment certificate allowing the expansion of the Trans Mountain pipeline opens a path for additional environmental protections.

“The court has shown yet again the many shortcomings of the environmental assessment process that leaves our province facing the unacceptable environmental impacts that an expansion of the Trans Mountain pipeline threatens to bring to our province,” B.C. Green Party Leader Dr. Andrew Weaver said. “The B.C. NDP government has a responsibility to revisit the conditions placed by the former B.C. Liberal government.

“The negative long-term economic impacts related to increased emissions and the risk of oil spills associated with the Trans Mountain pipeline are indisputable. And British Columbians are already shouldering the environmental costs from climate change by way of our depleted oceans, stressed forests, shallow rivers, and dwindling resource economy.

“Tripling the capacity of the existing pipeline from Alberta’s oilpatch to Burnaby would pose an even greater threat to our future. A spill would be devastating to our environment, our coastal economies, and our tourism and fishery industries. Furthermore, the seven-fold increase in tanker traffic would pose significant threats to British Columbia’s already endangered Southern Resident Killer Whales. We ask again: Is the federal government ready to justify to Canadians why it is willing to herald the death knell of this iconic species?

“British Columbia’s economic future lies in the innovative, creative industries that are leading global economic growth, not in continued fossil-fuel infrastructure development that created the climate challenges that our communities and resource-based industries are struggling to cope with today.

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Media contact
Macon L.C. McGinley | Press Secretary
B.C. Green Caucus
+1 250-882-6187 | macon.mcginley@leg.bc.ca

The Federal Court of Appeal ruled today to allow six of the twelve legal challenges against the Trans Mountain pipeline to proceed. These challenges are limited to the adequacy of the consultation with Indigenous Peoples and related issues. Below I reproduce our media statement in response to the ruling from the Federal Court of Appeal.

Media Statement

Trans Mountain pipeline faces six legal challenges; court rejects all environmental appeals
For immediate release
September 4, 2019

VICTORIA, B.C. – The Federal Court of Appeal ruled today to allow six of the twelve legal challenges against the Trans Mountain pipeline to proceed. These challenges are limited to the adequacy of the consultation with Indigenous Peoples and related issues.

“It is significant that that the courts will once again hear from First Nations about the consultation process,” said said Dr. Andrew Weaver, leader of the B.C. Greens. “Honouring the reconciliation process in Canada must require more than after the-fact engagement about a project the government always intends to approve. I am disappointed that the significant environmental risks that this project poses will not be taken up by the courts.

“The B.C. Green Caucus will continue its campaign to pressure government and engage the public as well. Because we know that continuing to invest in fossil fuel infrastructure is not just fiscally irresponsible, it is an economic liability. The Bank of Canada recently warned about future stranded assets in the oil and gas sector due to climate-related risk. This means TMX will only turn a profit if all global efforts to combat climate change by transitioning away from fossil fuels to clean alternatives fail.

“So is the federal government wishing for a failed global climate change strategy? The Liberals say they will use any profits from the TMX to fund Canada’s transition to a cleaner-energy economy. That  is like saying profit from the Titanic’s maiden voyage will be used to fund remodeling the ship. They are actively working to undermine the very thing they say they are working to improve.

“We can do better than banking on a future that continues to rely on fossil fuels decades into a climate disaster. And we can fund a clean energy economy without sacrificing our children’s environmental future.”

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Media contact
Macon L.C.  McGinley | Press Secretary
B.C. Green Caucus
+1 250-882-6187 |macon.mcginley@leg.bc.ca

Today Justin Trudeau once more announced the approval of the now Canadian Taxpayer owned Transmountain Pipeline project. Those who have followed this blog over the last few years will know I have extensively commented on the fiscal folly of the federal government stepping in to buy the pipeline after Kinder Morgan abandoned the project in response to changing market conditions for expensive-to-extract, high-sulphur, Alberta-based diluted bitumen.

Below I reproduce the media statement my office released in response to the federal government’s announcement.

Media Release

Statement on Trans Mountain Pipeline expansion project approval
For immediate release
June 18, 2019

VICTORIA, B.C. – In response to the Federal Liberal Party’s approval of the Trans Mountain expansion project, the B.C. Green caucus has released the following statement:

“The Liberal government’s decision to forge ahead with the Trans Mountain Expansion project is an abdication of their responsibility to Canadians to show climate leadership,” said Andrew Weaver, leader of the B.C. Green party.

“Just yesterday these very same Ministers supported a motion that declared a climate emergency. How can this government declare a climate emergency and yet continue to invest in major expansions of fossil fuel infrastructure that will last 40-50 years?”

“Now is the time for elected leaders to be bold and courageous. We need to urgently begin the transition away from fossil fuels and toward a clean, sustainable economy — to invest in clean technology, to help workers transition, to truly protect the environment upon which a healthy economy depends.”

In addition to the climate crisis, the flawed First Nations consultation process, and the impacts on the endangered Southern Resident Killer Whales, there is also growing concern that the pipeline is a fiscally foolish project, now reliant on taxpayer money. Earlier today, Chief Leah George Wilson of Tsleil-Waututh Nation joined the former Federal Environment Minister David Anderson in highlighting evidence that there is no compelling business case for the Trans Mountain expansion project. This includes concerns that the Asian market that is so often used as justification doesn’t exist for Alberta bitumen.

“No compelling business case has been made for the expansion, with Kinder Morgan offloading the risk onto the Canadian taxpayer. Proceeding with the Trans Mountain expansion is a reckless use of taxpayer money.”

The B.C. Green Caucus has consistently been opposed to this project, including in the confidence and supply agreement with the NDP government that commits the government to using every tool available to stop the expansion project.

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Media contact
Stephanie Siddon, Research and Communications Officer
+1 250-882-6187 | macon.mcginley@leg.bc.ca

Today the National Energy Board released its Reconsideration report for Trans Mountain Expansion Project.The report concludes that:

“report concludes that Project-related marine shipping is likely to cause significant adverse environmental effects on the Southern resident killer whale and on Indigenous cultural use associated with the Southern resident killer whale. The NEB also found that greenhouse gas emissions from Project-related marine vessels would likely be significant. While a credible worst-case spill from the Project or a Project-related marine vessel is not likely, if it were to occur the environmental effects would be significant. While these effects weighed heavily in the NEB’s consideration of Project-related marine shipping, the NEB recommends that the Government of Canada find that they can be justified in the circumstances, in light of the considerable benefits of the Project and measures to minimize the effects.“

As noted in the press release reproduced below, this process was about ‘getting to yes’ from the very beginning – it was set up to fail to protect the public interest. The federal approval of this project was always political. The BC Green Caucus continues to strongly believe that this project is not in the interest of British Columbians.

Media Release

Investing in fossil fuel infrastructure misguided, spells end of Southern Resident Killer Whales
For immediate release
February 22, 2019

VICTORIA, B.C. – Andrew Weaver, leader of the B.C. Green party, expressed profound disappointment at the National Energy Board’s report released today, which recommended the Federal Government approve the Transmountain Expansion Project.

“This process was about ‘getting to yes’ from the very beginning – it was set up to fail to protect the public interest. The federal approval of this project was always political. The BC Green caucus has been clear that this project is not in the interests of British Columbians.

“B.C. needs to be in control of our own environmental review process, to make sure it is objective and evidence-based. We cannot rely on the Federal government. The province should terminate the equivalency agreement with the Federal government, and conduct our own environmental assessment for this project. We must do all we can to ensure that our environment is protected from the costs of this project.

“Investing in 20th century technologies that are known to contribute to our 21st century challenges is irresponsible and short-sighted. The negative impacts of this project on BC are unacceptable. BC would shoulder massive environmental costs, while gaining little economic benefit. A spill would be devastating to our environment, our coastal economies and our tourism industry.

“BC’s economic future lies in the innovative, creative industries that are leading global economic growth, not the sunset industries of yesterday. The world is transitioning to the low-carbon economy, with or without us. Innovator super-powers like Germany and China are investing heavily in the economic opportunities that arise from this transition.

“The federal government must prioritize growth sectors instead of wasting billions investing in fossil fuel companies that are quickly becoming obsolete.

“The NEB found that there would be significant impacts on BC’s already endangered Southern Resident Killer Whales. Is the federal government ready to justify to Canadians why it is willing to herald the death knell of this iconic species?

The report also found that there would be “significant” greenhouse gas emissions from the expanded marine vessel traffic alone.

“It is unbelievably misguided to build more fossil fuel infrastructure at this critical juncture in our history. We owe it to our children and grandchildren to begin the immediate transition to the low-carbon economy.”

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Media contact
Macon McGinley, Press Secretary
250-882-6187 |macon.mcginley@leg.bc.ca

Adam Olsen and I today announced that we will both serve as intervenors in the upcoming new National Energy Board hearings on the Transmountain pipeline project.

Below I reproduce our press release outlining our intentions.

We remain profoundly perplexed as to why the BC NDP government has not given the federal government the 30 days notice required to pull out of the equivalency agreement.

As I noted earlier, the BC NDP campaigned on using every tool in the tool box to stop the the Transmountain pipeline project. The recent Federal Court of Appeal ruling demonstrated that politics was put ahead of evidence and reconciliation in the federal cabinet approval of the project. This presented the BC NDP with a very powerful tool.

Given that the provincial cabinet’s approval relied on the same NEB report, and in light of the Federal Court of Appeal’s ruling that the report was “impermissibly flawed”, the BC Government has every right to pull out of the Equivalency Agreement and conduct its own, independent environmental assessment.

This is particularly important in light of the “it will be built” rhetoric emanating from the Trudeau government. How can British Columbians trust an environmental assessment process when the final answer has already been prescribed? The answer is simple, it can’t.

We have yet to receive any compelling reason as to why the BC NDP are not withdrawing from the equivalency agreement.

Media Release

B.C. Green MLAs Weaver and Olsen to intervene in new Trans Mountain NEB hearings
For immediate release
October 3, 2018

VICTORIA, B.C. – Andrew Weaver, leader, and Adam Olsen, spokesperson for Indigenous relations and reconciliation of the B.C. Green Party have applied to intervene in the new Trans Mountain National Energy Board (NEB) hearings. Weaver and Olsen were both intervenors in the 2014 certificate hearing for the Trans Mountain Expansion project.

“Although we are concerned that this is yet another rushed process engineered to facilitate a political win, unfortunately right now it is the only one we’ve got,” said Weaver.

“The Prime Minister vowed that all new projects would be put through a new NEB process. Three years into his government’s mandate, that promise has still not been kept. The NEB has not even confirmed that marine shipping – one of the key reasons cited in the unanimous federal court decision – will be included in the scope. My previous intervention focused largely on the issue of marine shipping and I was deeply dissatisfied by the lack of answers to my questions. The NEB must do better this time.”

Weaver is a climate scientist with a specialty in ocean physics. His office has spent hundreds of hours on research on the Trans Mountain file ahead of his previous intervention. Olsen, who is a member of the Tsartlip First Nation in Brentwood Bay, will focus his intervention on the issue of consultation, as he did previously. Both have applied for participant funding.

“The federal government promised to advance reconciliation, but the federal court decision shows that their actions on Trans Mountain were in fact a setback,” said Olsen. “I do not see how you can have meaningful consultation and approach Indigenous people as partners when you have a predetermined outcome for a project. Regardless, I will continue to sit at the table because I feel it is my duty to do everything I can to fight for a better future for my province and for my people.”

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Media contact
Jillian Oliver, Press Secretary
+1 778-650-0597 | jillian.oliver@leg.bc.ca