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First Nations, community groups challenge northwest pipeline construction in court

Kispiox Band, Kispiox Valley Community Association, and Skeena Watershed Conservation Coalition allege the regulator is not following its own rules
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The Prince Rupert Gas Transmission pipeline route.

Construction on a contested section of the Prince Rupert Gas Transmission pipeline is under scrutiny this week as a coalition of Indigenous and community groups heads to court, accusing the province鈥檚 energy regulator of breaking its own rules.

鈥淲e鈥檙e reluctantly in court after trying to solve this directly with the B.C. Energy Regulator and relevant government Ministries,鈥 said Shannon McPhail, co-executive director at Skeena Watershed Conservation Coalition. 鈥淚t shouldn鈥檛 be left up to citizens to ensure our regulators are doing their jobs and upholding the law, but this is our home and we will defend it.鈥

The Kispiox Band, Kispiox Valley Community Association, and Skeena Watershed Conservation Coalition allege that the regulator failed to conduct a legally required cumulative effects assessment before granting construction approval for section 5B of the pipeline. That section lies entirely within Nisga鈥檃 Nation territory.

The groups are represented by Ecojustice lawyers and argue that the decision to allow work to start on the pipeline was rushed and based on outdated information. They say it ignored the broader, long-term environmental and social impacts of the project.

The Prince Rupert Gas Transmission pipeline is a 1.2-metre diameter conduit designed to transport natural gas from northeastern B.C. to the coast for export as liquefied natural gas. The project is a joint venture between the Nisga鈥檃 Nation and Western LNG.

The court challenge centres on a permit condition introduced by the regulator in 2022 after Indigenous communities raised concerns about unchecked industrial development across northern B.C. The groups say the regulator is now failing to follow those rules.

Concerns outlined by the coalition include the effects of pipeline construction on streams, roadways, endangered species, community infrastructure, and public safety. They say the absence of a thorough cumulative effects review puts both ecosystems and nearby communities at risk.

The BCER has previously said it has completed its due diligence on the cumulative effects assessment for section 5B of the pipeline, which lies entirely within Nisga'a lands. The regulator added that no other section has been approved.



About the Author: Quinn Bender

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