Kinder Morgan wins another legal battle in BC, but the fight ain't over yet
The Federal Court of Appeal will not hear an appeal from the BC government and various Lower Mainland municipalities on a ruling by the National Energy Board (NEB) that allows Kinder Morgan Canada to bypass some municipal permits during the construction of its Trans Mountain Expansion.
Late last year, Kinder Morgan had accused the city of Burnaby of deliberately stalling on the issuance of permits, and creating confusion over which permits were actually required to continue construction. The NEB agreed with the company, allowing the pipeline operator to continue construction without a handful of permits relating to zoning bylaws and tree clearing.
The province of BC says they are disappointed and are exploring other legal options. The city of Burnaby now plans to take the matter to the Supreme Court of Canada.
Several other groups, including the municipalities of Burnaby and Vancouver, are involved in another court case challenging the NEB's federal approval of the project back in November of 2016. Both BC and Alberta were granted intervenor status on that case, which began last October. No timeline has been given for when a decision can be expected.