Enbridge

Fri, 2014-12-19 10:48Guest
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Bill C-46 Could Transform Pipeline Liability Law in Canada. But Will it Be for the Better?

This is a guest post by Ian Miron, Ecojustice staff lawyer. 

Proposed pipeline liability regime steps in the right direction, but leaves too much wiggle room for polluters.

At this very moment, Canada’s liability regime is woefully inadequate when it comes to making sure that polluters pay in the event of a pipeline rupture or oil spill. That means that Canadian taxpayers like you would shoulder an inappropriate degree of the risk in the event of a serious pipeline accident, like Enbridge’s Kalamazoo River spill in Michigan.

According to recent estimates, that spill — the largest in United States history — cost more than $1.2 billion to clean-up. By comparison, Canada’s strictest liability law would have only made Enbridge automatically liable for a paltry $40 million, while providing the company with an opportunity to wriggle off the hook for any further costs. 

Now consider that a number of controversial new pipeline projects have been proposed in Canada, each bigger than the last. Between Enbridge’s Northern Gateway (525,000 barrels per day), Kinder Morgan’s Trans Mountain expansion (890,000 barrels per day) and TransCanada’s Energy East (1.1 million barrels per day), thousands of Canadians may find pipeline infrastructure — locking us into a fossil-fuel economy for another generation — snaking right through their backyards.

Thu, 2014-11-27 11:32Guest
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Pipelines and the Erosion of the National Energy Board’s Credibility

burnaby mountain, protest, kinder morgan

This is a guest post by Karen Campbell, Ecojustice staff lawyer.

The dramatic events unfolding on Burnaby Mountain — where more than 100 protestors have been arrested and charged with civil contempt — has turned a white-hot spotlight on Kinder Morgan’s proposed Trans Mountain pipeline expansion and the National Energy Board (NEB). And both parties are looking a little worse for wear.

Between injunctions and arrests, the furor over Kinder Morgan’s Trans Mountain pipeline expansion project has suddenly surpassed that other pipeline, Enbridge’s Northern Gateway pipeline, in terms of controversy. You will recall that despite vociferous opposition from most First Nations and northern B.C. communities, the federal government approved Northern Gateway in June 2014. That approval is now the subject of dozens of legal challenges, including three applications filed by Ecojustice lawyers on behalf of our clients.

We are just one-third of the way through the Kinder Morgan project review, and frustration with the NEB’s stripped-down process — a product of federal environmental law rollbacks tucked into the 2012 budget bill — is steadily mounting, and may have serious implications for other projects, namely TransCanada’s Energy East pipeline.

Wed, 2014-11-26 14:28Warren Bell
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Digging Deeper into Vivian Krause’s Disingenuous Anti-Environment Witch Hunt

vivian krause environmental charities

Canadians are inundated with ads from Enbridge, Cenovus, Kinder Morgan, Shell and the Canadian Association of Petroleum Producers.

But we’re also targeted by a more insidious type of PR brought into the spotlight by the New York Times scoop on a speech Richard Berman gave to the Western Energy Alliance.

In that speech, Berman told the group’s members — mostly oil and gas companies — they had to be prepared to “win ugly” in an “endless war” against environmentalists. 

We are now finding out we are also subjected to secretly funded propaganda from groups like the “Environmental Policy Alliance” (whose self-conciously chosen initials are EPA, the same as the U.S. government’s Environment Protection Agency), or the more obviously biased “Big Green Radicals.”

Fri, 2014-11-14 11:28Carol Linnitt
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B.C. First Nations Crowdfund More than $200K to Oppose Enbridge Northern Gateway in Just Four Months

enbridge northern gateway pipeline, bc first nations, zack embree

Some of the strongest legal challenges against the federally approved Enbridge Northern Gateway pipeline come from B.C.’s First Nations and supporters from across B.C. are digging into their pockets to help ensure those are a success.

Pull Together, a grassroots campaign to raise funds for the legal challenges of six First Nations, has been so successful organizers are bumping their goal from $250,000 up to $300,000 by December 31.

On Thursday the Haidi Nation announced they would join the initiative alongside the Gitxaala, Heiltsuk, Kitaxoo/Xai’xias, Nadleh Whut’en and Nak’azdli Nations to carry legal challenges forward against Enbridge’s project.

The Pull Together campaign is driven by people who care and are politically astute,” said kil tlaats ‘gaa Peter Lantin, President of the Haida Nation. “They can see how the future of the country is shaping up and want to be part of it.”

Mon, 2014-11-03 15:41Chris Rose
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“Citizen Interventions” Have Cost Canada’s Tar Sands Industry $17B, New Report Shows

Oil companies and fossil fuel investors seeking further developments in the Alberta tar sands have been dealt another setback with the publication of a report showing producers lost $17.1 billion USD between 2010-2013 due to successful public protest campaigns.

Fossil fuel companies lost $30.9 billion overall during the same period partly due to the changing North American oil market but largely because of a fierce grassroots movement against tar sands development, said the report — Material Risks: How Public Accountability Is Slowing Tar Sands Development.

A significant segment of opposition is from First Nations in Canada who are raising sovereignty claims and other environmental challenges, added the report, which was produced by the Institute for Energy Economics and Financial Analysis (IEEFA) and Oil Change International (OCI).

Tar sands producers face a new kind of risk from growing public opposition,” Tom Sanzillo, director of finance at IEEFA, and one of the lead authors on the report, said. “This opposition has achieved a permanent presence as public sentiment evolves and as the influence of organizations opposed to tar sands production continues to grow.”

Tue, 2014-10-14 07:58Sandy Garossino
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Christy Clark's Proposed Societies Act Overhaul Is Breathtakingly Stupid

Enbridge protest

B.C.'s Christy Clark government is proposing to overhaul the Societies Act, and they've distributed a snoozer of a White Paper to let you know all about it.

If you've dozed off already, WAKE UP, because there's a massive zinger quietly planted deep inside. You can do something about it — more on that at the end of this post. But unmentioned in any preamble or executive summary, Section 99 allows any person (including corporations) to take any registered society to court that they believe is acting contrary to the public interest — whatever that is.

Here it is:

Complaints by public

99 (1) A person whom the court considers to be an appropriate person to make an
application under this section may apply to the court for an order under this
section on the grounds that a society

(b) is carrying on activities that are detrimental to the public interest.

In other words, environmental non-profit groups better watch their step because they're in the cross-hairs. Premier Clark is handing the legal hammer to Enbridge, Kinder Morgan, ExxonMobil, Koch, Encana, Chevron, Sinopec, Suncor and the entire B.C. LNG sector to tie non-profits up in court for years.

Mon, 2014-09-08 08:58Guest
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Oil in Tankers Not Our Responsibility, Says Kinder Morgan, Recalling Exxon Valdez Lessons

exxon valdez cleanup provides lessons for kinder morgan

This is a guest post by Glen Thompson. It originally appeared on Abbotsford Today the Watershed Sentinel and is republished here with permission.

Once the oil leaves the dock, Kinder Morgan holds no obligation or responsibility, even 10 metres out – that’s the carrier’s liability.”

At the last two information events in Chilliwack, Kinder Morgan brought a large team of professionals and specialized aids to cover an exhaustive range of issues. Resembling a Royal Commission, everything concerning the proposed pipeline was in the tow of a Subject Matter Expert and neatly secured in a rolling briefcase.

The first audience was the full Board of the Fraser Valley Regional District (FVRD) and the second, an invited group of government regulatory officials, community leaders and representatives of major environmental organizations. Audiences with a formidable amount of assembled oversight.

The new pipeline, it seems, is as complicated as the first mission to the moon, with a robust 15,000 page draft plan, guiding a small army of civil engineers, scientists, and project leads. It took no less than nine expert presenters with technical analysts standing by, to present an hour and a half project overview to the FVRD Board.
  

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Sitting two rows deep, the project leads extolled advanced science and gleaned wisdom distilled from forensic analysis of past catastrophes. The presentation team successfully stick-handled their way through the Boards member’s queries; air quality, the depth of the pipeline in deep rooted agricultural crops, financial compensation capacity and riparian protection.

Tue, 2014-07-29 10:26Guest
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"The West Wants Out" of Ottawa's Energy Superpower Plan

chief ian campbell of the squamish first nation

This is a guest post by Will Horter, executive director of the Dogwood Initiative. It was originally published in the Toronto Star.

Earthquakes happen rarely in Canadian politics, but the fault lines are shifting again on the West Coast. As the next federal election draws closer, conditions below the surface should remind political observers of another seismic event a generation ago.

Back in the early 1990s, Stephen Harper and the insurgent Reform Party forced a tectonic shift, unleashing a powerful wave of western alienation that has realigned Canadian politics to this day. Their slogan was: “The West wants in.”

You could sum up the feeling in British Columbia lately as, “The West wants out.” Today you could get in your car in Kenora and drive clear across the Prairies to the coast without ever leaving a blue Conservative riding. But the road through the Rocky Mountains could become tricky indeed if Harper’s party doesn’t change course.

Thu, 2014-07-24 11:59Judith Lavoie
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Exclusive: Former Enbridge Lobbyist John Paul Fraser Named New Head of B.C. Government Communications Branch

Enbridge head office Edmonton

The newly appointed head of the B.C. government’s communications branch is a former lobbyist for Enbridge Inc., the company that hopes to build the $7.9-billion Northern Gateway pipeline stretching 1,200 kilometres from the Alberta oilsands to Kitimat on the B.C. coast.

John Paul Fraser, who DeSmog Canada has learned became acting deputy minister in charge of Government Communications and Public Engagement (GCPE) earlier this month, worked as a lobbyist for National Public Relations from 2008 until shortly before moving to the B.C public service in 2011.

He previously worked for Burrard Communications Inc. — a company founded by Premier Christy Clark’s former husband Mark Marissen — where he was registered with the Federal Office of the Commissioner of Lobbying of Canada as a lobbyist on behalf of Enbridge Inc.

Mon, 2014-07-21 11:37Carol Linnitt
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Canadians Don’t Share Federal Government Priorities on Energy and Economy, Opinion Research Shows

public opinion research, northern gateway pipeline

The average Canadian doesn’t place the economy above other concerns like education, health care and environment according to a a public-opinion survey analysis performed by the Privy Council Office (PCO), a group of the Prime Minister’s top advisors, in January.

As the Canadian Press reports, the research suggests major federal government policies don’t line up with Canadian priorities.

The analysis followed public opinion research of 3,000 survey respondents and 12 focus groups, conducted by NRG Research Group, on behalf of the Finance Department. The PCO is not obligated to routinely make its research public.

The research showed Canadians have “little enthusiasm” for the Enbridge Northern Gateway pipeline, “even among supporters,” the January 25 PCO report on the findings states. Since then the pipeline was federally approved.

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