Federal Court of Appeal quashes construction approvals for Trans Mountain, leaving project in limbo – John Paul Tasker (CBC News Politics – August 30, 2018)

https://www.cbc.ca/news/politics/

Indigenous groups had opposed $7.4B project

In a stunning blow, the Federal Court of Appeal has quashed the government’s approvals to build the Trans Mountain expansion project — a major victory for Indigenous groups and environmentalists opposed to the $7.4-billion project.

In the decision released Thursday, and written by Justice Eleanor Dawson, the court found the National Energy Board’s assessment of the project was so flawed that it should not have been relied on by the federal cabinet when it gave final approval to proceed in November 2016.

The certificate approving construction and operation of the project has been nullified, leaving the project in legal limbo until the energy regulator and the government reassess their approvals to satisfy the court’s demands.

In effect, the court has halted construction of the 1,150-kilometre project indefinitely. First Nations, including the Tsleil-Waututh and Squamish on B.C.’s South Coast, have said the NEB didn’t do enough and the environmental assessments were botched.

(The Supreme Court ruled previously that Ottawa has a duty to consult with Indigenous People when there is a claim that an Indigenous or treaty right would be breached by energy development.)

For the rest of this article: https://www.cbc.ca/news/politics/tasker-trans-mountain-federal-court-appeals-1.4804495

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