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Thomas Berger, eh!
John Horgan couldn't do better than this to try and block the Kinder Morgan pipeline expansion
..love the pic from that tyee piece
Ian Anderson needs to at the moment STFU!
Let's see how many right-wing NDP bashers rightwinger Keith Baldrey can fit into a rightwing Global News article, eh!
Show your support for the B.C. government's action against Kinder Morgan
B.C. Environment Minister George Heyman just announced that Kinder Morgan “cannot put shovels in the ground” on public land, without further consultation with First Nations. 
The B.C. government is throwing a wrench in Kinder Morgan’s plans to start pipeline construction this September, and signalling that even tougher actions could be coming soon.
They pledged to join First Nations fighting the federal pipeline approval in court, and appointed a high-powered legal counsel who “literally wrote the book on stopping pipelines” by including Indigenous perspectives. 
With the BC government on our side, our chances to stop the pipeline are better than ever. But the government is already facing major backlash from big oil lobbyists and the BC Liberals. In the next few days, they will pull out all stops to convince the government to soften their stance.
If we want the government to stand firm in their opposition to Kinder Morgan, they need to know voters support strong action against the pipeline.
Will you let the BC Government know you support bold action to defend the B.C. coast and uphold Indigenous rights?
Canada can win by saying 'yes' to B.C.'s sustainable future
BC NDP enters Trans Mountain battleground
The province will join the legal fight against the federal government’s approval of Trans Mountain’s expansion by seeking intervenor status in court proceedings — proceedings that would not be taking place if Trudeau's promise to overhaul the Kinder Morgan review had been kept.
The B.C. government will not allow construction on Crown land until adequate First Nations consultation occurs and is seeking legal advice on its options regarding a lawsuit in BC Supreme Court challenging provincial approval of the expansion.
Every Canadian should be encouraged by this.
British Columbia’s stand against abusing the interests of the people who live there is a stand against such abuse across the nation. The private financial gain that occurs when huge corporations override cultural, economic and environmental needs of society — aided by duplicitous elected officials who do their bidding — is not unique to B.C. and the Trans Mountain expansion project.
Approval not based on facts
As indicated by a number of scientists and prominent politicians, the approval of the pipeline expansion was not based on facts, evidence or the best interest of Canadians. It was approved to support the private financial interests of a Texas-based pipeline company along with a handful of overextended oilsands producers — and the banks who finance them — caught oversupplying a product long past its climate change 'best before' date.
Corporate powers, their lobby groups, Alberta or Ottawa cannot be allowed to circulate erroneous statements portending economic fallout while the B.C. government seeks to fulfill its duty. Such misrepresentations play on legitimate concerns that if the public interest is protected, it will come at grave cost. In this case, these concerns are not warranted and it is irresponsible to fuel them with falsehoods.....
..from democracy now headlines
Peru: Indigenous Nations in Amazon Seize Control of Canadian Company’s Oil Facilities
In Peru, members of Indigenous Amazonian Nations have seized control of some of the oil facilities operated by the Canadian company Frontera Energy Corp, demanding the Peruvian government carry out a consultation with the Indigenous nations before signing a new contract with the oil company. This is the leader of the Rio Pastaza Tribe, Aurelio Chino.
Aurelio Chino: "If they don’t give us a good answer to our previous demand, then I can assure you my people will rise up. We’re not going to just sit around, and for sure we are going to defend ourselves to the end, to teach them to respect us."
Aurelio Chino: "If they don’t give us a good answer to our previous demand, then I can assure you my people will rise up. We’re not going to just sit around, and for sure we are going to defend ourselves to the end, to teach them to respect us."
National Energy Board warns of unmet Trans Mountain requirements
Before Kinder Morgan Canada Ltd. can begin construction of its controversial Trans Mountain pipeline expansion in September as planned, the National Energy Board says the company still has some hoops to jump through.
The NEB also said it has received 452 statements of opposition on the detailed routing of the pipeline expansion, including five from Indigenous groups, and 121 from landowners. A panel of NEB board members is reviewing the statements, and will set up hearings in the fall that will last several months.
In the letter to Mr. Carr, the NEB also noted that the results of a preconstruction audit of Trans Mountain's management systems will be made publicly available in the weeks ahead.
"The intent of the audit was to evaluate whether Trans Mountain had established the necessary oversight measures in the preconstruction phase to manage safety and environmental protection during construction of the project," it said.
B.C. Environment Minister George Heyman said in August that the province has not accepted all of the company's environmental-management plans.
Five were rejected because of inadequate negotiations with First Nations, he said. The NDP government opposes the pipeline expansion and has said it intends to seek intervenor status in a case challenging the project. The Federal Court of Appeal is expected to hear it in October.
Why Norway may leave $65bn worth of oil in the ground
EARLIER this month the fjords of Norway’s Lofoten Islands rang out with the cries of activists. For an entire week, environmental groups and local fishermen rallied to oppose plans to drill for oil near the pristine archipelago. The demonstrations were timely: Norway is due to hold parliamentary elections in September, and the country’s two main parties—Labour and the Conservatives—are both in favour of lifting a ban on oil excavation around Lofoten. The areas surrounding the archipelago are estimated to hold 1.3bn barrels in resources, equivalent to more than $65bn at today’s prices, if all of that is found to be easily accessible oil. Norway’s oil production has nearly halved over the past 15 years, and is set to fall by another 11% by 2019. The government says Lofoten “must at some point come into play”. Yet many analysts expect the moratorium to remain. Why?.....
National Energy Board OKs Trans Mountain expansion of Burnaby terminal
Kinder Morgan has met all 157 conditions imposed on the project, the board says
National Energy Board to hold hearings on detailed Trans Mountain pipeline route
Calling Kinder Morgan’s bluff
The Search for Trans Mountain’s 15,000 Construction Jobs
#KinderMorgan had hoped to start work near #Merritt next Weds. But they don't have the permits!
A Tiny House to Send a Big Message: Stop Kinder Morgan
Next week, members of the Secwepemc Nation will build the first of ten tiny homes. They will put them directly in the path of the Kinder Morgan TransMountain pipeline.
The traditional territory of the Secwepemc is the largest in B.C. and spans from the Rocky Mountains and Jasper National park in the east to the Fraser River in the west. Secwepemc has never given its consent for Kinder Morgan to cross their lands or waters and in fact have, ‘explicitly and irrevocably’ refused its passage through their territory.
Despite this explicit lack of consent Kinder Morgan continues to try to push its pipeline forward. The pipeline expansion would span 518 km of Secwepemc territory and would pose ongoing threats to the land, to the water, to the salmon, and to the climate. These are just some of the reasons why these tiny houses are being built.
The Secwepemc ‘Tiny House Warriors’ will stand to defend their lands and waters and to showcase the solutions they want for their community. The tiny houses will help members re-connect to the land. They will provide homes for members of their community. And eventually they will produce the clean, renewable energy our world needs when they receive their solar upgrade.....
Folks may be surprised to see who will be joining the protest.
..from an email
TURNING THE TIDES OUTDOOR EXTRAVAGANZA!
You are invited to a solidarity event in support of First Nations’ legal challenges to the Kinder Morgan and Petronas pipeline, on Saturday, September 23 from 5 - 9 PM, at Roger's Plaza in North Vancouver!! You can bid adieu to summer while sampling craft beer by Green Leaf and indulging in delicious treats from Cafe by Tao and other food vendors. Music by Ta’kaiya Blaney, Leora Cashe and Michael Vincent.
This event, including the concert, is by donation. All proceeds go toward First Nations legal challenges to the Kinder Morgan and Petronas pipelines. Get the updates on FaceBook: Turning Tides - end of summer outdoor extravaganza
Pull Together - Kinder Morgan: Thanks to you the campaign has passed the $500k goal!! The Stk’emlupsemc Te Secwepemc Nation (SSN) has now joined the campaign, so the new campaign goal is $625,000 to accommodate the larger need for funds. We're making plans for the October hearing in federal court -- scheduled to start Monday, October 2 in Vancouver and run for 9 days. Join us for "9 Days of Solidarity" during the court challenge.
Obama Gets Carlyle Speaking Gig
"Everything I learned, I learned from the Clintons..." - Obama
Trudeau government built pipeline website during 'consultation' with First Nations, court told
The federal government was already building a website announcing approval of the Kinder Morgan pipeline expansion when it "consulted" with First Nations in November 2016, according to lawyers at the opening day of a court challenge in Vancouver.
"We had no choice but to go to court," Coldwater Indian Band Chief Lee Spahan told a news conference in downtown Vancouver about the proposed Trans Mountain Kinder Morgan pipeline expansion.
The legal challenge, which includes seven First Nations, the City of Vancouver and Burnaby, as well as two environmental groups, is seen as a major legal test for an oil pipeline project that has the support of the federal and Alberta governments, but has been met with fierce opposition in British Columbia.
Large-scale legal challenge
The Federal Court of Appeal in Vancouver began hearing arguments on Monday from 10 applicants challenging Ottawa's approval of the Trans Mountain pipeline expansion.
Lawyers for the Tsleil-Waututh, Coldwater, and the Upper Nicola band argued that First Nations consultations weren't done in earnest because the government was already preparing to give the green light, even as discussions were underway.
“Canada was preparing a website to announce the approval of the project plan, while at the same time were still undertaking consultation with First Nations," Tsleil-Waututh counsel Scott Andrew Smith argued in court.
"It has been found that no alternative version of the site was being prepared. [On] November 29th, a mere day after Minister Carr promised Chief Thomas that Tsleil-Waututh’s submissions would be taken into account by the cabinet and his colleagues, the pre-prepared website was published. The Governor in Council did not consider or take Tsleil-Waututh’s final considerations into account, and proceeded with consultations with a mind that was already made up.”
Lawyers also pointed to the exclusion of marine shipping concerns from the National Energy Board's report, the alleged failure to address this error, and Canada's alleged breach of duty to consult First Nations and obtain consent.
Ottawa never ‘did the work’ to hear out Indigenous concerns over Trans Mountain pipeline: lawyer
Canada's decision to approve an expansion for the Trans Mountain pipeline was a "one-way street" that ignored the economic and title rights of Indigenous people, a lawyer said on Monday in the Federal Court of Appeal.
Elin Sigurdson outlined arguments against the $7.4-billion project approved last November but now challenged by First Nations, two environmental groups and the cities of Vancouver and Burnaby.
Indigenous groups were required to go to tremendous lengths to ensure all the necessary information about their rights was before the National Energy Board process, Ms. Sigurdson said.
"Yet in return, despite their assurances of genuine engagement on Indigenous rights concerns on the post-NEB phase of the review, Canada never performed the work that would assist them to understand the rights at issue or the impact on [First Nations], nor did the Crown provide responsive feedback," said Ms. Sigurdson, who represents the Upper Nicola Band.
He said the Tsleil-Waututh came to the table prepared to discuss and consider compromise, as was required under the engagement process, but was stymied on issues it raised repeatedly.
"It encountered officials from Canada who were not decision makers and whose mandates were limited to listening and recording concerns and telling Tsleil-Waututh they would need to 'agree to disagree' on the core issues it raised. That is not the face of compromise."
Earlier on Monday, Chief Ian Campbell of the Squamish First Nation said that the federal government failed to fully consult or gain consent of First Nations for expansion of the pipeline, so they have had little choice but to turn to the courts in an effort to protect their land and water.
Mr. Campbell told a news conference the government didn't adequately study the impacts that a spill of diluted bitumen could have in the band's waters, which isn't good governance.
Lawyer explains B.C.'s strategy to quash Kinder Morgan pipeline approval
The Trudeau government made an “unreasonable” legal mistake when it approved Kinder Morgan’s Trans Mountain pipeline expansion project, says a lawyer for B.C. Premier John Horgan's government.
In a weekend interview with National Observer, Monique Pongracic-Speier said that the federal government failed to provide evidence that it adequately considered all of the risks to the province of British Columbia when it gave a green light to the pipeline in November 2016.
Pongracic-Speier, from the Vancouver-based Ethos Law Group, made the comments as she and other lawyers prepared for seven days of hearings that start Monday to review a motion at the Federal Court of Appeal. The motion seeks to quash Prime Minister Justin Trudeau’s approval, in 2016, of the pipeline project.
The court will review legal challenges from several parties, including 10 First Nations, the municipalities of Vancouver and Burnaby, and environmental groups who are opposed to the project. The B.C. and Alberta governments both have status as interveners in the case.
The case hits the courtroom just as the Texas-based energy giant behind the project warns that its construction schedule is in jeopardy. Late in September, the federal regulator, the National Energy Board (NEB), said that the company appeared to be breaking the law by deploying anti-spawning mats in streams along the pipeline route.
In a Sept. 22 letter to company president Ian Anderson, the regulator ordered Kinder Morgan Canada to stop this activity. But the company asked the NEB on Sept. 28 to make an exception to the rules, noting that the regulator frequently does this for companies upon request.
Their 'objective, of course, is to get oil to tankers'
But the NEB said on Friday that it would take the time it needs before making a decision that ensures protection for both the public and the environment.
Kinder Morgan goes rogue, proving it can’t be trusted
Kinder Morgan, the pipeline company that put it there, patted itself on the back for its “innovative” use of the deterrent mats, which prevent salmon from digging nests in the streambed to spawn. Of course, the only problem is it didn’t have permission to install them.
But the company went ahead with its plans, although it had not met its conditions, to start construction without the necessary permits. This reckless behaviour is shocking from a company asking for the public’s trust.
On Sept. 8 the National Energy Board (NEB) sent a letter to the Department of Fisheries and Oceans (DFO) asking for confirmation that this work, among other measures, would require authorization under the Fisheries Act. It noted Kinder Morgan’s plans, “could constitute serious harm.”
Kinder Morgan posted photos of Swift Creek lined with orange plastic even though DFO had not yet responded. If anybody else had gone into a major salmon-bearing stream and interfered with fish spawning, there would be absolute hell to pay. Violations of the Fisheries Actoften carry tens of thousands of dollars in fines but so far there’s been no penalty at all.
Are we supposed to just trust that Kinder Morgan knows what it’s doing? With dwindling salmon runs and starving killer whales, the company wants to use untested methods to prevent spawning in 26 streams along its pipeline route.
Thankfully, those plans were foiled by a concerned citizen, at least for now. Lynn Perrin, an Abbotsford resident and a director of PIPE UP, found the blog and complained to the NEB that Kinder Morgan had started construction without having met its conditions.
That led to a stern letter from the NEB ordering the company not to put any more mats down. But it did not require them to pull out the five which were already in place.
Now Kinder Morgan has asked the regulator to let its fumble slide, a classic tactic of begging forgiveness rather than asking permission. After thumbing its nose at the law by starting construction early and potentially violating the Fisheries Act, the company expects special treatment.
How entitled does a foreign corporation have to be to assume it can get away with this? Maybe the NEB used to take an “ask and it shall be granted” attitude to pipeline companies, but after years of outcry and scandal, the regulator is trying to prove it’s not in bed with industry. It cannot possibly allow Kinder Morgan to carry on as if it hadn’t just taken upon itself to waltz into critical salmon habitats and interrupt spawning.
NDP to defend Trans Mountain pipeline approval in B.C. Supreme Court
Mr. Berger, who is leading the province's case against Ottawa over the Kinder Morgan project, agreed with the government's in-house counsel: The province cannot change its position retroactively.
"While it appears to be inconsistent with our position, it is the duty of the Attorney-General, under Constitutional convention, and we think the risk of not fulfilling that duty is great," Mr. Heyman said.
Because the Squamish Nation alleges in its application that B.C. did not fulfill its duty to consult and accommodate First Nations, the honour of the Crown demands that B.C. defend its actions. If the Attorney-General did not mount a defence, Mr. Berger warned, the court could appoint an outside counsel – a so-called friend of the court – to represent the province, and B.C. would lose any influence over the outcome.
"But if people want to know what our real point of view is with respect to Kinder Morgan, we have said over and over again that we think it is a bad project for B.C.," Mr. Heyman said.
"We think it is against the interests of British Columbia and that's what Mr. Berger will be arguing in the Federal Court of Appeal on Thursday.
"Squamish Chief Ian Campbell said the discrepancy is hard to fathom.
"When the NDP got into office, they were quite vocal about this issue," he said in an interview, noting that Premier John Horgan has promised to use every legal tool available to try to stop construction of the project. "The response we are getting now is that they will challenge our position. It makes us wonder where the province stands."
..update on the tug that sank. once again we see the bc ndp playing the traditional role of a colonizer government.
..donors have so far donated more than $92,000 towards the legal costs of the heiltsuk nation.
Heiltsuk Nation turning to courts in wake of spill and botched response
This week marks the one-year anniversary of the oil spill in Bella Bella. With the community’s recovery efforts undermined by government and Kirby Corporation’s refusal to take responsibility for the spill and to cooperate in its aftermath, the nation has no option but to turn to the courts.
“The oil spill continues to be a catastrophic injury to our food sources, culture, and economy,” says Heiltsuk Tribal Council Chief Councillor, Marilyn Slett. “Thanks to Kirby Corporation and the governments of British Columbia and Canada, our community’s road to recovery keeps getting longer and longer.”
Kirby Corporation and government have kept information secret about what occurred on October 13, 2016 when the Nathan E. Stewart grounded, sank and spilled oil into Gale Pass. The Heiltsuk Tribal Council made numerous separate requests for information to the polluter (Kirby Corporation) and various government agencies, including Transport Canada, the Transportation Safety Board, and the Canadian Coast Guard. Those requests were largely denied or ignored.
This secrecy and lack of collaboration has continued throughout the post-spill recovery.
“Recently, we learned the B.C. Ministry of Environment and Kirby have been secretly negotiating an agreement on the post-spill environmental impact assessment since early this year,” says Chief Councillor Slett. “Since this nightmare began, the polluter and provincial and federal governments have ignored our questions and environmental concerns, our collaboration attempts, and our rights as indigenous people. We have no choice but to turn to the courts.”....
Trans Mountain could face year-long delay as Kinder Morgan pulls request for fish mats
The company behind the proposed Trans Mountain pipeline expansion has dropped a request that the National Energy Board allow it to conduct some construction activity on the multi-billion dollar project.
Last week, lawyers representing Kinder Morgan Canada subsidiary Trans Mountain asked the board for permission to install mats to deter fish spawning after the board told it last month to stop doing so.
The lawyers said if the request was not granted, construction on the $7.4-billion project could be delayed by a year.
Lawyer Terri-Lee Oleniuk at Osler, Hoskin & Harcourt has now written to the NEB saying the window for “safely and effectively” installing the mats has passed and the company is withdrawing the request.....
Inside Ottawa's rush to dispute science before pipeline approvals
Federal government officials spent two days denying the findings of a scientific paper exploring research into the effects of oilsands pollution in the ocean, a week before the Trudeau Liberals gave the green light to the Trans Mountain pipeline expansion to the west coast.
Records obtained by National Observer detail how the new study was sent, along with a letter, directly to Prime Minister Justin Trudeau. They also show how the references to scientific research would trigger immediate denials in a flurry of emails from officials within government.
But the project has also infuriated some First Nations, cities and environmental groups worried about a range of issues such as oil spills, carbon pollution and Indigenous rights. B.C. Premier John Horgan's NDP government has joined in the opposition, pledging to use all tools available to protect the province's coastline from threats posed by the project.
The letter sent to Trudeau on Nov. 21, 2016 was based on an assessment of more than 9,000 pieces of scientific literature. This paper was authored by eight academics, peer-reviewed and published in a scientific journal, Frontiers in Ecology and the Environment.
“There are large unexamined risks to the marine environment from oil sands products,” the scientists wrote in their letter to Trudeau. The letter also told Trudeau that it would be “scientifically unfounded” to assume that damage from these products can be lessened.
Yet, some government officials quickly labelled the paper “wrong” and “not true,” picking apart its conclusions about industry secrecy, the availability of scientific data and the impact of the oilsands on climate change.
The internal correspondence also shows that an official inside Natural Resources Minister Jim Carr's office asked the department whether the study was accurate.
One week later, Trudeau and several cabinet ministers announced they had approved the Trans Mountain and Line 3 projects, but rejected a third pipeline, Enbridge's Northern Gateway project, based on “rigorous debate, on science and on evidence.”
Celebration rally wraps up Kinder Morgan expansion approval hearings
Environmental and Indigenous activists celebrated outside the Federal Court of Appeal in Vancouver on Friday, where applicants wrapped up their final arguments against a major oil pipeline project.
Six First Nations, the City of Vancouver, the City of Burnaby, the Raincoast Conservation Foundation and Living Oceans Society applied to challenge last year's approval of the Kinder Morgan Trans Mountain pipeline expansion.
As the crowd gathered in the cold around a vividly painted totem pole, Tsleil-Waututh First Nation representative Rueben George gave a speech promising that the Kinder Morgan Trans Mountain expansion would never be built.....
Indigenous rights 'serious obstacle' to Kinder Morgan pipeline, report says
The controversial expansion of a pipeline that would carry tar sands crude from Alberta to British Columbia’s coast will be doomed by the rising power of Indigenous land rights.
That’s the message that Kanahus Manuel, an Indigenous activist from the Secwepemc Nation in central BC, plans to deliver to banks financing the project as she travels through Europe this week.
She’ll have in hand a report being released today by the Indigenous Network on Economies and Trade, which argues that Texas-based Kinder Morgan has misled financial backers about the risks of expanding its TransMountain pipeline, almost half of which runs across “unceded” Secwepemc territory.
The report details “significant legal, financial and reputation risks” that amount to “serious obstacles” it says have been downplayed by Kinder Morgan in its dealings with Canadian and international banks.
The key risks, identified by economists and lawyers based on the pipeline’s history, Canadian legal precedents, and financial documents, include Kinder Morgan’s plans to build on lands whose ownership is hotly contested.
The pipeline crosses 518km of Secwepemc territory over which the First Nations assert Aboriginal title, a type of land rights that the supreme court of Canada has recognized were never ceded or relinquished through treaties....