A case that challenged the start of construction of a section of the Prince Rupert Gas Transmission Pipeline was dismissed last week in BC Supreme Court.
The argument was that a requirement of the B.C. energy regulator was not met before construction on a pipeline section started, in August of 2024.
That requirement was to complete cumulative effects assessment of the project, which would measure the total additive impacts of the PRGT pipeline and other industrial development across the landscape.
The case was brought forth by the Kispiox Band, Kispiox Valley Community Centre Association, and Skeena Watershed Conservation Coalition. They say that rather than assess cumulative effects of the whole project, the regulator only considered the impacts of construction of one section of the pipeline, and the views of people living beside that one section. The groups argued that assessing the impacts of pipeline sections in isolation was the opposite of a cumulative effects assessment.
Shannon McPhail, Co-Executive Director of the Skeena Watershed Conservation Coalition, said that they questioned the courts on whether the regulator adhered to its own permit conditions and B.C legislation.
“That question remains unanswered as the judge determined that we did not have standing to even pose the question. This should be a wake-up call for all British Columbians that our energy regulator is not looking after the public interest.”
The Court concluded that the groups could not challenge the regulator’s decision to focus its assessment on one section of the pipeline, in part because they did not live along that section.
But Ecojustice lawyer on the case Matt Hulse argues that impacts from the construction of a pipeline are not experienced section by section. Hence the necessity of a cumulative effects assessment.
“Our clients will be impacted by the combined effects of pipeline construction upstream and downstream of them. That is why they brought this case, and it’s disappointing that the Court did not recognize this.”
The PRGT pipeline will pass less than 15 km from the Kispiox Village and crosses the Skeena River and its tributaries, from which the village draws its drinking water.
The groups have 30 days to decide whether to appeal the Court’s decision.