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B.C. must revisit environmental certificate for Trans Mountain pipeline, Appeal Court says – The Lawyer’s Daily

September 23, 2019

In another twist in the saga surrounding the controversial Trans Mountain pipeline expansion, the B.C. Court of Appeal has ordered the provincial government reconsider its environmental certificate for the project because the assessment it was based on is no longer valid.

In a pair of related decisions (Squamish Nation v. British Columbia (Environment) 2019 BCCA 321; Vancouver (City) v. British Columbia (Environment) 2019 BCCA 322), Justice Mary Saunders ordered B.C. to adjust the conditions of the environmental assessment certificate because it was based on an equivalency agreement made with the National Energy Board (NEB) on its initial assessment of the project, which was struck down by the Federal Court of Appeal in Tsleil-Waututh Nation v. Canada (Attorney General) 2018 FCA 153 and has since been reconsidered and reapproved.

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