Federal Court of Appeal rules against Trans Mountain pipeline expansion

The Federal Court of Appeal has quashed the approval of the contentious Trans Mountain pipeline expansion.

The decision means the National Energy Board will have to redo its review of Kinder Morgan Canada’s project.

The judgement was based on whether the federal government adequately consulted First Nations.

The court combined into one case nearly two dozen lawsuits calling for the National Energy Board’s review of Kinder Morgan Canada Ltd.’s project to be overturned.

First Nations, including the Tsleil-Waututh and Squamish on British Columbia’s south coast, argued the federal government did not adequately consult them before the energy board review or the cabinet decision to approve the project.

Lawyers for the federal government told court that Ottawa conducted extensive consultation.

Environmental groups and the cities of Vancouver and Burnaby also challenged the project in Federal Court last fall, supported by British Columbia, which was an intervener.

Alberta was also an intervener and the province’s lawyer told the court that Ottawa’s decision to approve the expansion was based on evidence that considered environmental, economic and Indigenous interests.

Kinder Morgan shareholders are also set to vote today on whether to approve the sale of the pipeline and expansion project to the Canadian government for $4.5 billion.