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UPDATE: City of Burnaby denied injunction against Kinder Morgan

UPDATE: The city of Burnaby loses an injunction against Kinder Morgan. More to come…

Anti-pipeline protesters are planning a blockade on Burnaby Mountain this morning as they are awaiting a Supreme Court decision on Kinder Morgan.

The city of Burnaby is seeking a temporary injunction to stop the company from continuing its surveying for a pipeline expansion.  The city wants to stop further works damaging the park until the matter can be heard before the court.

The city says on Sept.2 Kinder Morgan workers arrived in the Burnaby Mountain Conservation Area with chainsaws and tree-cutting equipment and started marking trees for removal.

Mayor Derek Corrigan says Kinder Morgan workers cut down 13 ecologically significant trees, the largest of which was 24 metres high. He says the trees cannot be replaced.

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Corrigan says the city was prepared to allow Kinder Morgan access for non-invasive work, but not cutting down trees in a conservation area.

The company is conducting survey work for the pipeline they are proposing to build between Alberta and Burnaby.

In August, the National Energy Board ruled that Kinder Morgan can proceed with necessary studies of its preferred pipeline route through the mountain without the city’s consent.

The court decision is expected around 9 a.m.

Protesters say if the decision is against the city, Kinder Morgan will likely start work immediately and they intend to stop the company from coming back to resume its survey work.

This is the latest in a series of protests.

During an anti-pipeline rally on Saturday, five protesters chained themselves to the nearby Kinder Morgan marine terminal.

Kinder Morgan released a statement in response, saying it respects the right to peaceful protest, but must protect the safety of its staff.

With files from Marlisse Silver Sweeney and Amy Judd

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