Group preparing Trans Mountain legal challenge argues government’s mind already made up

Click to play video 'Anger fuelled at pro oil and gas rally in Calgary' Anger fuelled at pro oil and gas rally in Calgary
WATCH ABOVE: A pro-pipeline rally in Calgary got heated on Mon, Dec 17, 2018, as demonstrators heckled some speakers when they mentioned Quebec, free trade and the federal Liberal government – Dec 17, 2018

A Vancouver-based environment charity is readying itself to go back to court if — or they believe when — the federal government re-approves the Trans Mountain pipeline expansion next year.

The Wilderness Committee returned $25,000 in participant funding to the National Energy Board last month, citing the short timeline for the board’s new review on the marine impacts of the proposed expansion.

READ MORE: Morneau vows oilpatch support through Trans Mountain as protesters rally in Calgary

Peter McCartney, climate campaigner for the committee, says the timelines are so short it underscores his belief the government is doing this just to fulfill the Federal Court of Appeal’s concerns with the original review, rather than to seriously reconsider the approval given to the project.

“They’re going through the motions but they’ve already made up their mind,” he said.

Story continues below advertisement

“I don’t know what confidence they’re trying to inspire in people to trust this review.”

READ MORE: First Nations have specific, measurable requests that could save Trans Mountain pipeline

Prime Minister Justin Trudeau has said many times the pipeline is going to be built.

His government stepped in to buy it and build the expansion itself when political opposition left Kinder Morgan and its shareholders unwilling to continue.

WATCH BELOW: Hundreds of people attended a rally outside a Calgary event with federal Finance Minister Bill Morneau, who said the oil price differential is an unprecedented problem facing the Alberta oil industry. (Aired Tue, Nov 27)

Click to play video 'Morneau vows oilpatch support through Trans Mountain as protesters rally in Calgary' Morneau vows oilpatch support through Trans Mountain as protesters rally in Calgary
Morneau vows oilpatch support through Trans Mountain as protesters rally in Calgary – Nov 27, 2018

In an interview last week Trudeau said any decision to move forward again will be made as the review process is completed.

Story continues below advertisement

“What’s at issue here is not just this pipeline,” he said. “It’s our capacity as a country to get our resources to market.”

READ MORE: Trudeau set to overhaul energy assessment law to avoid another Trans Mountain fiasco

However, McCartney said the government’s actions suggest the Liberals are going to approve it again no matter what and he warned they should expect another lawsuit as a result.

“Absolutely there will be,” he said. “People are already talking about that.”

The federal cabinet approved Trans Mountain in the fall of 2016. That approval was challenged by several environment groups and Indigenous communities who argued the original review didn’t properly consider impacts on marine life from the extra oil tankers required to carry more oil away from the marine terminal where the pipeline ends.

A aerial view of Kinder Morgan’s Trans Mountain marine terminal, in Burnaby, B.C., is shown on Tuesday, May 29, 2018. Jonathan Hayward, The Canadian Press

READ MORE: Alberta brings up pipeline issue with projection prank at Liberals’ Christmas party in Ottawa

Indigenous communities also felt their concerns had not been addressed as is required by the constitutional duty to consult them.

Story continues below advertisement

The Federal Court of Appeal agreed and in August tore up the cabinet’s approval for the project, halting construction in its tracks.

In response, the federal Liberals ordered a new round of Indigenous consultations and also asked the NEB to go back and do a more thorough look at marine impacts. There is no specific timeline for the Indigenous consultations but the government gave the NEB only until Feb. 22 to complete its work.

READ MORE: B.C. First Nation tells pipeline hearings its people ‘face uncertainty’ with potential impact of Trans Mountain

The NEB’s original review did conclude that there would be negative impacts on marine life, including killer whales. But the board said marine impacts were outside its jurisdiction and, therefore, had no impact on its decision to approve the project.

WATCH BELOW: At a meeting of premiers in early December, Justin Trudeau found himself on the defensive on everything from carbon taxes to the country’s pipeline capacity, with Alberta Premier Rachel Notley pressured him to take action on the oil crisis.

Click to play video 'Alberta premier pressures Trudeau for action on oil crisis' Alberta premier pressures Trudeau for action on oil crisis
Alberta premier pressures Trudeau for action on oil crisis – Dec 7, 2018

McCartney said the Feb. 22 deadline is just way too short for a thorough review. Accordingly, his organization withdrew from the review and returned the funding given to help it gather research to make its case.

Story continues below advertisement

READ MORE: New pipelines are the answer to oil price problems: Natural Resources minister

Conservative natural resources critic Shannon Stubbs said the fact that environment groups are already planning another lawsuit is proof of the energy industry’s contention that environmentalists don’t want proper consideration given to the project, but rather want to delay it enough to eventually kill it.

“They will just do everything to stop it.”