VANCOUVER, May 6, 2014 /CNW/ - A group of landowners, business people,
academics and environmental advocates are launching a second
constitutional challenge to the NEB review of the Kinder Morgan Trans
Mountain pipeline. The motion filed asserts that the NEB review
process unfairly restricts public participation as a result of process
design, unduly rejects participant applications, and refuses to hear
concerns related to climate change or oil sands development.
"President Obama has set a 'climate test' for Keystone yet in the Kinder
Morgan pipeline review NEB does not allow Canadians to talk about
climate change" said applicant and noted activist Tzeporah Berman.
"Canadians deserve a fair public debate about the future of our economy
and energy systems. Right now, they aren't getting it."
The U.S. company has applied to nearly triple the capacity of its Trans
Mountain project, a 1,150 km pipeline carrying tar sands bitumen from
Alberta to the British Columbia coast.
Kinder Morgan proposes to increase shipments from 300,000 barrels per
day to 890,000 by 2017. Testimony filed in the legal challenge
illustrates that oil sands mining would increase significantly to meet
the intensified barrels-per-day target with significant climate
implications and tanker traffic off the BC coast would also grow
dramatically, increasing the risk of a major oil spill.
"The National Energy Board was established to conduct public hearings in
order to assess whether or not an infrastructure proposal such as that
made by Kinder Morgan is in the public interest, and in the past, it
has done so. But in 2012, at the urging of the oil industry, the
Harper Government amended the NEB Act so that its hearings would be
completed in an unreasonably short period of time, and would curtail
the public's right to meaningfully participate. The NEB has
interpreted this new legislation as giving it the mandate to almost
completely frustrate the public's right to effectively participate in
its hearings. As a result NEB hearings have lost their essential
purpose. If the public cannot be heard the public interest cannot be
assessed," said David Martin, legal counsel to the applicants.
"This motion will challenge this new law on the basis that it violates
the public's Charter s. 2(b) guarantee of freedom of expression. The
Kinder Morgan proposal, if approved, will have a fundamental impact
upon Vancouver, British Columbia and Canada for the rest of this
century and beyond. It is vital that there be a full public hearing as
to the risks and benefits of this proposal so that the public interest
can be properly assessed. This legal challenge will fight for the
public's right to express itself and to be heard."
For more information http://forestethics.org/neb-legal-docs
SOURCE: ForestEthics Advocacy Association
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