Kinder Morgan wants boundary changes in four parks to accommodate pipeline expansion

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Kinder Morgan is asking the province to adjust the boundaries of four different protected parks, to allow for the construction of a twinned pipeline that would transport up to 890,000 barrels of oil per day.

The Trans Mountain expansion proposal submitted to B.C. Parks requests amendments to the boundaries of Finn Creek Park, North Thompson River Park, Lac Du Bois Grasslands Protected Area (all three in vicinity north of Kamloops), and Bridal Veil Falls Park (east of Chilliwack). The amendments would take sections of the four parks to make way for the expansion of the current 1,150-kilometre pipeline corridor, which links Alberta to a terminal in Burnaby.

In its application, Kinder Morgan says it also intends to apply for a similar amendment to Coquihalla Summit Recreational Area, to allow for pipeline expansion. That application is expected in the fall.

The application to B.C. Parks is subject to a period of public consultation which opened Aug. 28 and will close Oct. 12. However, B.C. Parks is directing the majority of public input to Kinder Morgan at http://www.transmountain.com/bc-parks-application.

Those who wish to submit their comments directly to B.C. Parks can do so at www.env.gov.bc.ca and those comments will be shared with Kinder Morgan.

Kinder Morgan maintains that after the pipeline expansion is complete, the lands that were taken from each of the four parks “may be returned to park or protected area status with pipeline operations authorized under a park use permit.”

B.C. Parks will review the application and decide on each park separately. If the application is approved, B.C. Parks’ decision is still subject to the National Energy Board’s approval of the Trans Mountain project.

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Kinder Morgan may abandon Burnaby Mountain pipeline route if delays continue

Kinder Morgan may revert back to its original pipeline route through the Westridge neighbourhood if the city’s opposition to the project significantly delays survey work on Burnaby Mountain.

While the city is seeking an injunction to stop Kinder Morgan’s survey work in the conservation area, the company is seeking an order from the National Energy Board to force the city to allow the work.

“This work is planned and necessary in order to meet the deadlines from the National Energy Board,” said Kinder Morgan spokesperson Ali Hounsell. “We have to have the information from the studies, to find out if this route is feasible by Dec. 1. If they continue to delay the work, we’ll have to consider whether we abandon the option of going through Burnaby Mountain, which as you know, we believe is a less disruptive route.”

Last Monday, Hounsell said the city’s move was disappointing because there is already a proceeding underway with the National Energy Board.

“We believe we are authorized to do the work,” she said.

Kinder Morgan wants to tunnel or drill through Burnaby Mountain to connect the tank farm with the Westridge Marine Terminal, but since this route was not in the original application to the NEB, the board asked the company to conduct survey work and geotechnical studies to determine if the route is feasible. (The terrain includes steep dropoffs and cliffs and may not be seismically sound.) The National Energy Board gave Kinder Morgan a Dec. 1 deadline to complete the survey work, and the company began in late August.

According to section 73 of the National Energy Board Act, companies can conduct work on private property and Crown land without the landowners’ permission. But when Kinder Morgan started cutting trees in the city-owned conservation area, Burnaby issued a stop-work order and ticketed the company for breaking a local bylaw by damaging a city park. Kinder Morgan then went back to the NEB for an order that would force the city to allow it to continue. Meanwhile the city asked the B.C. Supreme Court for an injunction to stop the work, while asking the court to deal with the larger question of jurisdiction: Who controls the mountain? The federal government or the city?

(The province gives cities the authority to enact and enforce bylaws.)

According to Hounsell, Kinder Morgan has not been working on the mountain since Sept. 3.

“We voluntarily left Burnaby Mountain, ceasing all that work in order to seek that order from the National Energy Board to proceed. There is no work going on there right now,” Hounsell said.

But if the survey work falls too far behind schedule, Kinder Morgan may have to go back to the original idea of running the pipeline through the Westridge neighbourhood. The reason the company changed plans and proposed the Burnaby Mountain route is because of opposition from residents in Westridge, many of whom did not want a pipeline in their neighbourhood. (The route would pass through four private properties.)

Read more stories from the Burnaby Now.

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Original source article: Kinder Morgan may abandon Burnaby Mountain pipeline route if delays continue

Court says no to injunction against Kinder Morgan

Author
Jennifer Moreau
Residents bracing for civil disobedience to stop pipeline company

Cutline: SFU English professor Stephen Collis says residents are planning to take turns keeping watch on Burnaby Mountain, and if Kinder Morgan returns to continue survey work, they will stop the company with their bodies. Photograph By Jennifer Moreau/BURNABY NOW

Burnaby residents and anti-pipeline activists plan to block Kinder Morgan’s survey work in the Burnaby Mountain conservation area, following a Wednesday morning B.C. Supreme Court decision that rejected the city’s request for an injunction to stop the company.

Kinder Morgan wants to run a new pipeline, which the city opposes, through the city-owned conservation area but must conduct survey work to see if the route is even feasible.

“People are getting organized, so if push comes to shove, as they say, if Kinder Morgan comes in, we are going to try to be in their way and make their work very difficult,” said SFU English professor Stephen Collis. “I think there will be a lot of people taking this into their own hands.”

Alan Dutton, a member of Burnaby Residents Opposing Kinder Morgan Expansion, said the group is working with lawyers and the B.C. Civil Liberties Association to host workshops on people’s rights if they engage in civil disobedience. BROKE also plans on engaging the public to develop long-term strategies to stop the pipeline, Dutton added.

“It’s a responsibility of people in Burnaby to make sure their land is protected,” Dutton said.

Mayor Derek Corrigan issued a statement Monday morning, suggesting the battle is not over despite the court’s decision.

“It’s not the end of anything. It’s another step in what we’ve always known will be a long fight to protect our conservation lands – and all of our land in the city – from further destruction by Kinder Morgan,” Corrigan said.
Madam Justice Brenda Brown issued her ruling Wednesday morning, but she won’t release her reasons until next week. Corrigan said the city is considering whether to appeal and will look to the National Energy Board to stop Kinder Morgan’s work.

“We strongly feel that the decision as to whether or not Kinder Morgan must respect our bylaws is one that should be made by the Supreme Court,” Corrigan added.

Kinder Morgan left the mountain on Sept. 3, after the city issued a stop work order and tickets for cutting trees in the park, which violates a local bylaw, even though the NEB has sanctioned the company’s survey work.

There are two legal proceedings underway: the city’s application to the B.C. Supreme Court for a temporary and permanent injunction against the pipeline work, and Kinder Morgan’s request for an order from the National Energy Board that would force the city to let the work continue.

The legal conflict underscores an important question: Does the federal government have the right to supersede municipal bylaws?

Kinder Morgan issued a brief statement following Wednesday’s ruling.

“We’re satisfied with today’s decision from the B.C. Supreme Court denying the City of Burnaby’s application for an injunction,” said Kinder Morgan’s Carey Johannesson. “We maintain that the National Energy Board has jurisdiction in this matter and has given us the authority to undertake the work needed on Burnaby Mountain. We will await the NEB’s response to our motion filed on Sept. 3 before resumption of work.”

Burnaby-Douglas MP Kennedy Stewart also issued a statement, saying the company does not have community support to run the pipeline through the city’s conservation area.

“The worst thing Kinder Morgan could do right now is to resume work on Burnaby Mountain,” Stewart said. “This would inflame residents and provoke unnecessary conflict. I call on the company to wait for the full text of the Supreme Court’s decision to be released next week and, in a separate process, the National Energy Board’s ruling, before taking further action.”

Meanwhile, local residents and members of BROKE and a North Shore residents’ group against the pipeline are taking turns keeping watch over the conservation area.

© Burnaby Now
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If you want to help support and protect Burnaby Mountain conservation area e-mail with your contact information, info@brokepipelinewatch.ca

Burnaby loses injunction to stop Kinder Morgan survey work

Author
DENE MOORE
METRO VANCOUVER — A British Columbia court has rejected the City of Burnaby’s latest bid to block Kinder Morgan crews from its land.

A B.C. Supreme Court judge dismissed an application on Wednesday for an injunction against survey crews on Burnaby Mountain, the company’s preferred new route for its Trans Mountain pipeline.

Judge Brenda Brown did not immediately give reasons for her decision and Burnaby Mayor Derek Corrigan did not return a call seeking comment.

The legal action was the latest tussle in an ongoing feud between the Metro Vancouver municipality and the Texas-based pipeline giant over the proposed $5.4-billion expansion of the existing line linking the Alberta oilsands to the company’s tanker terminal on Port Metro Vancouver.

City of Burnaby opposition escalated when the company proposed tunnelling through Burnaby Mountain, home to Simon Fraser University and a large conservation area.

The National Energy Board previously upheld the company’s right to access the land under federal law but the civil action filed by the city last week claimed the federal regulator couldn’t exempt the company from city bylaws.

Burnaby asked the court to prevent any work that destroys trees or disrupts park land.

In turn, Kinder Morgan filed a motion asking the National Energy Board to go further and forbid the city from obstructing its crews. That decision from the board is imminent.

In the interim, the company did not plan to immediately resume work.

“We’re satisfied with today’s decision from the B.C. Supreme Court denying the City of Burnaby’s application for an injunction. We maintain that the National Energy Board has jurisdiction in this matter and has given us the authority to undertake the work needed on Burnaby Mountain,” Carey Johannesson, the company’s spokesman, said in a statement.

“We will await the NEB’s response to our motion filed on September 3, before resumption of work.”

The expansion would almost triple the pipeline’s capacity, from 300,000 barrels a day to about 900,000 barrels.

In Burnaby, where Kinder Morgan was fined for a 2007 construction accident along the pipeline that rained 230,000 litres of oil down on a neighbourhood, residents were not deterred by the court failure.

Burnaby Residents Opposed to Kinder Morgan Expansion, or BROKE, planned to maintain a presence on Burnaby Mountain and mobilize a protest should work resume.

Neil Chantler, a lawyer representing those residents, said they are fully behind the city.

“What’s at issue, in part, is whether or not access means cutting down 24-metre tall trees and boring large holes deep into the ground,” he said.

The residents and the city argue that such damage goes well beyond access, to a violation of city bylaws. Chantler said the NEB decision is expected in the next week.

“All signs point to the National Energy Board giving Kinder Morgan whatever power it needs in order to conduct its surveys,” he said.

The dispute has already set the regulatory review back seven months. A final report to cabinet is now due Jan. 25, 2016 — if the company can complete the necessary surveys and submit them to the board by Dec. 1.

© Copyright (c)

Supreme Court rejects Burnaby’s injunction to stop Kinder Morgan

A crowd gathers on top of Burnaby Mountain to rally against Kinder Morgan’s pipeline expansion project. Photo by Carlos Tello

Under a cloudy, grey sky on top of Burnaby Mountain, a crowd of around 25 rolled out a banner that read “Stop Kinder Morgan!” in bold red letters and prepared to hear the news from the B.C. Supreme Court.

They had gathered from all around Metro Vancouver to hear Justice Brenda Brown’s decision on whether to grant the City of Burnaby an injunction to stop Kinder Morgan’s controversial Trans Mountain pipeline expansion project.

There were big stakes for those gathered at the rally, organized by BROKE (Burnaby Residents Opposing Kinder Morgan Expansion), a citizen’s group started by homeowners after Kinder Morgan’s 2007 bitumen spill in Burnaby.

The expansion, if approved, will allow Kinder Morgan to twin the existing pipeline and increase the flow of diluted bitumen from Edmonton to Burnaby from the current 300,000 barrels to 890,000 barrels a day.

The $5.8 billion project is expected to create 90 new jobs and transport Canadian bitumen to markets in Asia and the U.S.

As Justice Brown announced her decision, the crowd gathered around Alan Dutton, a BROKE member who was on the phone with the group’s lawyer. Looks of dismay overcame the crowd as Dutton explained that Justice Brown has rejected the injunction.

Karl Perrin. Photo by Carlos Tello

“This is disturbing,” said BROKE spokesperson Karl Perrin. “This means City bylaws don’t really have much force, if any. What’s the point of even having laws if we can’t enforce them?”

The injunction is part of the City of Burnaby’s legal strategy to stop Kinder Morgan’s Trans Mountain exploratory pipeline work in Burnaby Mountain, a protected conservation area.

The city of Burnaby claims that Kinder Morgan broke a local bylaw by cutting trees in the mountain, while Kinder Morgan argues they have the right to do the work based on the National Energy Board Act. Kinder Morgan changed its proposed new pipeline route to go through Burnaby Mountain in an attempt to disrupt fewer residential areas.

For SFU professor Stephen Collis, Justice Brown’s decision suggests that local interests were being dismissed in favour of big oil company interests.

Stephen Collis. Photo by Carlos Tello

“We’re seeing a situation where government at the highest level is overturning a local decision for a foreign-owned company,” he said. “That’s terrible. Is that the world where we want to live in, where we are at the mercy of these large global forces that are trying to develop massive oil projects for the global market?”

A frustrating decision

Burnaby’s mayor, Derek Corrigan, said he shares the demonstrators’ disappointment.

“I think all of us are frustrated that the court process did not assist us in regard to obtaining an interim injunction to stop the work Kinder Morgan is doing in part of the mountain conservation area,” he told the Vancouver Observer in a telephone interview.

Corrigan said a decision has not yet been made on whether to appeal Justice Brown’s decision. The reasons behind the decision are expected to be made public sometime next week.

But even if the City of Burnaby decides not to appeal, that shouldn’t be taken as an acknowledgement of defeat, warned Corrigan.

“Obviously this is one step along a path,” he said.

The City of Burnaby intends to continue its opposition to Kinder Morgan’s pipeline expansion project at the National Energy Board (NEB), Corrigan explained.

The NEB is currently evaluating a motion filed by Kinder Morgan asking them to forbid the city from obstructing its crew. A decision is expected soon.

According to the Canadian Press, Kinder Morgan has decided not to resume work in Burnaby Mountain until the NEB announces its decision. The Vancouver Observer contacted Kinder Morgan for comment, but the company did not respond prior to publication.

What next?

After learning of the court’s decision and its implications, the Burnaby Mountain demonstrators quickly shook their disappointment aside.

“If Kinder Morgan decides to come [back] here, we’ll have people watching them,” said Perrin. “We will do what we can to slow the down the process.”

A drone to monitor Burnaby Mountain. Photo by Carlos Tello

Among the measures they’re planning to take are setting up civil patrols to ensure Kinder Morgan doesn’t return to the mountain to cut any more trees, and monitoring the area with drones.

Continue strengthening ties with the Tsleil-Waututh Nation, who have opposed the expansion due to potential impact on their traditional territory, is another measure. Some even suggested becoming human barriers to blockade access to Burnaby Mountain in case Kinder Morgan’s workers return.

According to BROKE’s lawyer, Neil Chanter, citizens have a legal right to engage in such activities, granted that they don’t break any law.

“If they want to gather in the park and use it for whatever lawful purpose they choose, they can do that,” he said in a telephone interview. “I will be informing my group that they are permitted to use the park in any lawful way they choose, as they always have been able to, until they’re told otherwise.”

Professor Collis believes it is important to keep on pursuing legal ways to stop the pipeline project. But it is also vital that area residents continue voicing their dissent, he says. For him, citizen activism has the power to stop Kinder Morgan.

“If we can’t get a decision out of an actual court, then it’s going to be public pressure and citizen activism,” said Collis. “We need lots of people to come out here and say, ‘we’re not letting this happen. We’re just not going to do it.’”

With files from Mychaylo Prystupa

Environmental extremism a rising threat to energy sector, RCMP warns

RCMP analysts have warned government and industry that environmental extremists pose a “clear and present criminal threat” to Canada’s energy sector, and are more likely to strike at critical infrastructure than religiously inspired terrorists, according to a report released under Access to Information.

Written by the force’s critical infrastructure intelligence team, the 22-page RCMP document argues there is a “growing criminal phenomenon” associated with environmentalism that aims to interfere with regulatory reviews and force companies to forego development.

“Environmental ideologically motivated individuals including some who are aligned with a radical, criminal extremist ideology pose a clear and present criminal threat to Canada’s energy sector,” said the report, written in March 2011. Since then, the RCMP has held regular meetings with energy companies and federal officials to review potential threats to infrastructure, and faces formal complaints that it conducted surveillance on environmental groups that oppose construction of Enbridge Inc.’s Northern Gateway pipeline.

The paper highlighted Canada’s oil sands sector as one that has attracted considerable opposition because it is a major producer of greenhouse gases that cause climate change. Law enforcement and national security officials worry about a “growing radicalized environmentalist faction” who oppose the oil sands and other energy development, it said.

The oil industry has run into vehement opposition to plans for crude oil pipelines through British Columbia and across the country to the port of Saint John, N.B. But the oil sands sector needs access to new markets – whether in the U.S. Gulf Coast, Asia Pacific, or the Atlantic basin – if it is going to meet ambitious growth plans that would see production doubling to four million barrels per day by 2025.

Some First Nations leaders warned their people may resort to whatever means necessary to block construction of the Northern Gateway pipeline. But neither First Nation leaders nor environmental groups have advocated violence.

Most of Canada’s counter-terrorism effort has been aimed at international jihadis, and there have been a number of high-profile prosecutions against Canadian residents who plotted to conduct attacks either at home or abroad.

“In reality, criminal occurrences attributed to environmentalists have and are more likely to, occur within Canada,” the report said. It added that the Canadian Security Intelligence Agency (CSIS) monitors individuals and organizations that might be involved in domestic terrorism, “including the threat or use of violence by groups advocating for issues such as the environment.”

Carleton University criminologist Jeff Monaghan, who obtained the document, said the RCMP authors constructed a trend from isolated incidents. He worries police and other security agencies are using anti-terrorism legislation to broaden their investigation and monitoring of groups who oppose development.

RCMP spokesman Greg Cox denied the force is targeting protesters or environmental groups in general. “The RCMP does not investigate individuals, groups or movements, but will investigate the criminal activity of any individuals who threaten the safety and security of Canadians.”

Neither Mr. Cox, nor CSIS spokeswoman Tahera Mufti would comment on formal complaints launched by the B.C. Civil Liberties Association that claim the agencies have conducted improper surveillance activities against law-abiding citizens who oppose the gateway project.

Ottawa lawyer Paul Champ filed the complaints with the RCMP’s Commission for Public Complaints and the Security Intelligence Review Committee, backed by numerous documents obtained under Access to Information, which, he said, show the two agencies were actively monitoring and even infiltrating environmental and aboriginal groups involved in Gateway hearings before the federal review panel, which wrapped up last year.

Follow Shawn McCarthy on Twitter: @smccarthy55

Kinder Morgan Receives $136 Million – Intervenors $3

This is based on a report noted economist, Robyn Allan, did on the unprecedented pre-approval for $136.3 million from a service fee Kinder Morgan received from the NEB to push their current application through. Meanwhile, Intervenors were allocated $1.5 million which has recently been increased to $3 million. Hardly a fair game. A series of exchanges resulted between Robyn Allan and, because of the extensive news coverage, Ian Anderson of Kinder Morgan.

The City of Burnaby News Release on the NEB donation to Kinder Morgan.

The story in the Globe.

Ian Anderson responded to the Burnaby NOW.

Robyn responded.

Then Stoness replied.

Finally, Robyn replied again.

Video

Burnaby Mountain Illegal Tree Cutting

Recordings of some of the speeches and music at the rally to protect Burnaby Conservation Land. More to follow.






Kinder Morgan pipeline crews to resume work on Burnaby Mountain

Kinder Morgan says it plans to send crews back to Burnaby Mountain today to continue survey work for its Trans Mountain Pipeline expansion, despite efforts to stop the work by the City of Burnaby.

But it is not just city officials who are trying to stop the survey work for the proposed route. Pipeline opponent, Ruth Walmsley says she and others are willing to break the law to stop the pipeline.

“I would not be surprised….I do not advocate violence…I am a Quaker. I’m a pacifist, but I do believe in nonviolent direct action. It is a powerful tool for change,” she said.

“I think there are a lot of people that are prepared. There are trainings going on all over the place for direct action.”

Earlier this week the city issued two stop work orders and fined the company for cutting down 13 trees in the Burnaby Mountain Conservation Area.

But the city’s legal counsel Greg McDade says ten private security guards hired by Kinder Morgan blocked park staff from coming near the work site earlier this week.

“When park staff tried to access the site to observe what was happening by way of park trails. they were stopped by, physically stopped by security guards,” he says.

Kinder Morgan spokesperson Lizette Parsons Bell says people were kept out for their own good.

“It’s for people’s safety,” says Bell

She says workers will return today.

McDade says he concerned by what the company plans to do next.

“It’s rumored that they’re going to try and bring in a helicopter to load drilling equipment onto that site and further damage it.

Pipeline expansion plans

Kinder Morgan wants to bore a hole under the mountain as part of a proposal to nearly triple the capacity of the existing pipeline, but the city has vowed to block the project however it can.

Earlier this year the National Energy Board ruled that the company has the right to access the area and conduct the survey work.

But the city says while Kinder Morgan may have a right to be on Burnaby Mountain, they don’t have the right to cut trees in the conservation area

The two-kilometre section though the Burnaby Mountain Conservation Area would link the Burnaby Terminal and the Westridge Marine Terminal.

The company says the new route would minimize traffic disruption during construction and avoid four privately-owned properties.