Enbridge

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.

Mon, 2014-07-14 11:11Carol Linnitt
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New BC Nature Lawsuit Challenges Cabinet’s Approval of the Enbridge Northern Gateway Pipeline

Barnard Harbour, Douglas Channel, Enbridge Northern Gateway pipeline, Dogwood Initiative

A new lawsuit filed Monday challenges the federal Cabinet's decision to approve the Enbridge Northern Gateway pipeline. The suit, launched by the Federation of BC Naturalists, or BC Nature, asks the Federal Court of Appeal to allow an application that declares the pipeline’s June 17, 2014 approval invalid. Today is the last day parties may apply to the Federal Court to initiate a judicial review of the project's approval.

BC Nature filed a previous lawsuit in January 2014 against the Joint Review Panel’s (JRP) recommendation the federal government approve the pipeline. That suit, filed by the University of Victoria’s Environmental Law Centre (ELC), is still ongoing and challenges the JRP’s justification of “serious harm” to caribou and grizzly bears as well as findings regarding the consequences of a potential major oil spill.

In the lawsuit filed today, we argue that due to fundamental flaws in the JRP’s report, Cabinet was deprived of the legal authority to make a final decision on the pipeline,” Chris Tollefson, ELC Executive Director and lawyer for BC Nature, said.

Mon, 2014-07-14 10:19Jess Housty
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I Signed the “Let BC Vote” Pledge, And Here’s Why

let bc vote, dogwood initiative, enbridge northern gateway pipeline

Last week I signed the Let BC Vote pledge. You could say I’m late to the party. More than 200,000 British Columbians signed before me. I’ve been aware of the Dogwood Initiative-led campaign since it launched, and I’ve watched the numbers grow. But I wanted to reason it through before deciding with conviction that it is part of my path forward.

For the last few years I’ve worked in my community and beyond to help build the momentum we need to stop Enbridge Northern Gateway. I’m not trained as a leader or organizer. I came to this work before I felt ready, and I learned on my feet. I’ve made my share of gut decisions in the heat of battle, and learned to be grateful when I have the luxury of examining every angle of a campaign before I commit to it.

Wed, 2014-07-09 09:32Guest
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The Fish Are Fine, Kinder Morgan Says

Chinook salmon

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right   Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

The motion Ecojustice lawyers filed on behalf of our clients, Living Oceans Society and Raincoast Conservation Foundation, asks the Board to order Kinder Morgan to fully respond to our clients’ first round of information requests about the Trans Mountain Expansion Project.

Kinder Morgan received more than 10,000 questions from intervenors. As we wrote last month, the company asked for an extension of the time limit to respond, but got only 14 of the 23 days they asked for. Our clients supported the request, in the interest of allowing Kinder Morgan time to provide as much information as possible.

Kinder Morgan's slippery responses

But now that the responses are in, we wonder whether the extra nine days would have made a difference. Responses from the company have ranged from vague to incomplete to non-existent. In short The information provided by Kinder Morgan is not nearly good enough. Of the 253 responses our clients received from the company, at least 77 – approximately 30 per cent – were inadequate. 

In 20 responses, Kinder Morgan refused to answer the question in whole or in part, by:

  • Claiming it was “not relevant” to the review (including the record of leaks and ruptures on Kinder Morgan’s other pipeline systems, and the make and model of clean-up equipment); or
  • Stating that it did not have the information (including air monitoring information), because the data do not exist, because the answer was not in the documents they relied on in the application, or because they had not done the necessary work to answer.

In five responses, Kinder Morgan gave a response which only partially answered the question or provided an answer but not the supporting data requested.

In the remainder of the responses, Kinder Morgan simply didn’t answer the questions it was asked. Here’s a snapshot of the ways the company answered questions with non-answers:

  • Cited a large document or report rather than provide an clear answer;
  • Referred to a document that did not contain any answer to the question; 
  • Said it would file an answer later; or
  • Cited a legal standard rather than address facts. 

As we mentioned above, when our clients asked if there was evidence from cold water oil spills, beyond evidence from the Exxon Valdez oil spill, of marine fish communities or habitat being impacted for more than two years after a spill, this was Kinder Morgan’s response: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.” 

In support of that mystifying non-answer, Kinder Morgan cited a 264-page report from Enbridge’s reply evidence in the Northern Gateway pipeline hearings. 

We’ve written about how, in the wake of the 2012 omnibus budget bill, reviews of major pipeline projects have been scaled back dramatically, sacrificing good science and process for “efficiency.” The Kinder Morgan Trans Mountain Expansion Project hearing, with its 15-month time limit and lack of oral cross-examination, is a prime example of how this shift is deeply problematic. 

We are now halfway through the two rounds of intervenor information requests, which are intervenors’ only chance to ask Kinder Morgan questions about its 15,000-page application. Our clients are increasingly worried that they will be unable to meaningfully challenge Kinder Morgan’s evidence, particularly given its evasive approach to our information requests. 

But as for the fish, according to Kinder Morgan, they will be just fine.

- See more at: http://www.ecojustice.ca/blog/the-fish-are-fine-kinder-morgan-says#sthas...

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right   Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

The motion Ecojustice lawyers filed on behalf of our clients, Living Oceans Society and Raincoast Conservation Foundation, asks the Board to order Kinder Morgan to fully respond to our clients’ first round of information requests about the Trans Mountain Expansion Project.

Kinder Morgan received more than 10,000 questions from intervenors. As we wrote last month, the company asked for an extension of the time limit to respond, but got only 14 of the 23 days they asked for. Our clients supported the request, in the interest of allowing Kinder Morgan time to provide as much information as possible.

Kinder Morgan's slippery responses

But now that the responses are in, we wonder whether the extra nine days would have made a difference. Responses from the company have ranged from vague to incomplete to non-existent. In short The information provided by Kinder Morgan is not nearly good enough. Of the 253 responses our clients received from the company, at least 77 – approximately 30 per cent – were inadequate. 

In 20 responses, Kinder Morgan refused to answer the question in whole or in part, by:

  • Claiming it was “not relevant” to the review (including the record of leaks and ruptures on Kinder Morgan’s other pipeline systems, and the make and model of clean-up equipment); or
  • Stating that it did not have the information (including air monitoring information), because the data do not exist, because the answer was not in the documents they relied on in the application, or because they had not done the necessary work to answer.

In five responses, Kinder Morgan gave a response which only partially answered the question or provided an answer but not the supporting data requested.

In the remainder of the responses, Kinder Morgan simply didn’t answer the questions it was asked. Here’s a snapshot of the ways the company answered questions with non-answers:

  • Cited a large document or report rather than provide an clear answer;
  • Referred to a document that did not contain any answer to the question; 
  • Said it would file an answer later; or
  • Cited a legal standard rather than address facts. 

As we mentioned above, when our clients asked if there was evidence from cold water oil spills, beyond evidence from the Exxon Valdez oil spill, of marine fish communities or habitat being impacted for more than two years after a spill, this was Kinder Morgan’s response: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.” 

In support of that mystifying non-answer, Kinder Morgan cited a 264-page report from Enbridge’s reply evidence in the Northern Gateway pipeline hearings. 

We’ve written about how, in the wake of the 2012 omnibus budget bill, reviews of major pipeline projects have been scaled back dramatically, sacrificing good science and process for “efficiency.” The Kinder Morgan Trans Mountain Expansion Project hearing, with its 15-month time limit and lack of oral cross-examination, is a prime example of how this shift is deeply problematic. 

We are now halfway through the two rounds of intervenor information requests, which are intervenors’ only chance to ask Kinder Morgan questions about its 15,000-page application. Our clients are increasingly worried that they will be unable to meaningfully challenge Kinder Morgan’s evidence, particularly given its evasive approach to our information requests. 

But as for the fish, according to Kinder Morgan, they will be just fine.

- See more at: http://www.ecojustice.ca/blog/the-fish-are-fine-kinder-morgan-says#sthas...
Dyna Tuytel, staff lawyer

This is a guest post by Ecojustice staff lawyer Dyna Tuytel.

Ecojustice lawyers were among the many to file motions to the National Energy Board late last week regarding Kinder Morgan’s poor and non-existent responses to questions posed to it by intervenors. And while we were generally disappointed by Kinder Morgan’s evasive approach, we were shocked at one reply in particular.

When asked whether there is any evidence from cold water oil spills to suggest marine fish are impacted, Kinder Morgan’s response was that: “Harm to marine fish populations seems to be the exception, rather than the rule, following marine oil spills.”

That’s right — Kinder Morgan’s view is that when oil is spilled in water, there is little harm to fish, and it is more likely the fish will be just fine.

Mon, 2014-06-30 09:46Erin Flegg
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Tsilhqot'in First Nation Wins First Canadian Land Claim in History

FIsh Lake, Xeni Gwet'in territory.

In a case that faced three courts and spanned more than two decades, the Tsilhqot’in First Nation of British Columbia’s interior won an unprecedented Supreme Court of Canada decision last week granting them title to 1,750 square kilometres of land. 

Led by Chief Roger William of the Xeni Gweti’in people, the Tsilhqot’in were spurred to legal action in the late '80s when the province allowed logging on their traditional territory in spite of their assertion of rights and title. In 1990, the Xeni Gwet’in launched a case for title over their traditional lands, relying on elders to give evidence in the form of oral history to demonstrate their people’s continuous use of the land from before contact to the present day. 
 
Fri, 2014-06-20 10:50Carol Linnitt
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Suzuki: Harper Didn’t Have the “Courage” to Present and Defend Northern Gateway Approval

David Suzuki Northern Gateway Pipeline

David Suzuki isn’t surprised the federal government approved the contentious Northern Gateway pipeline Tuesday, but he is surprised Prime Minister Stephen Harper didn’t have the “courage” to announce the decision to Canadians.

Suzuki described the approval as “totally expected,” yet expressed dismay at the Prime Minister’s absence.

Harper indicated before the joint review panel even started its sessions he wanted that pipeline through,” Suzuki told DeSmog Canada. “What surprises me is he didn’t even have the courage to present his approval and defend it.”

This is such a craven thing, for the Prime Minister of the country to push through that agenda and then not even defend it, not even having any ministers out there defending it. I find that astounding.”

Northern Gateway is opposed by a majority of British Columbians, including most of the province’s First Nations.

Critics are saying the Harper government is insulating itself from political backlash associated with the pipeline's approval. Natural Resources Minister Greg Rickford even claimed it inaccurate to suggest the federal government approved the pipeline.

Thu, 2014-06-19 11:06Derek Leahy
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Energy East, Line 9 Pipelines Will Have “Insignificant” Economic Impact on Quebec, Says Report

Energy East export pipeline, Line 9 pipeline, desmog canada

Quebec will gain “minimal economic benefits” from west-to-east oil pipeline projects such as TransCanada’s Energy East and Enbridge’s Line 9 according to a new report released this month. Both projects would transport western Canadian oil and oilsands (also called tar sands) bitumen to refineries and ports in Quebec, but would only make a combined 0.50 per cent contribution to economic activity and 0.30 per cent to jobs in the province.

Quebec will bear almost all of the risks and costs associated with spills and other environmental impacts, without any offsetting economic gains,” Brigid Rowan, senior economist with the consulting firm The Goodman Group Ltd., and co-author of the report says.

Oilsands producers, pipeline companies, and the owners of the two refineries in Quebec have the most to gain from Line 9 and Energy East concludes the report by The Goodman Group Ltd. in collaboration with Greenpeace and Equiterre. The fifty-five-page report also refutes claims by pipeline proponents that supplying Quebec with cheaper western Canadian bitumen will make things cheaper at the gas pump for Quebecers.

Refineries will not provide discounts for Quebec markets when they can also sell their refined products to profitable markets outside Quebec,” the report states.

Consumers who think that oil companies will give them a break at the gas pump have another thing coming,” Pierre-Olivier Pineau, an energy specialist at HEC Montreal Business School warns.

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