US tribes oppose Trans Mt pipeline plans

Tribal leaders tell Canada’s NEB Kinder Morgan’s expansion poses serious consequences for way of life, Pacific Coast environment

Gary Park

For Petroleum News

An unprecedented intervention from the United States is pitting Washington state Indian tribes against Kinder Morgan’s plans to expand its Trans Mountain crude pipeline from Alberta to the Pacific Coast.

Tribal leaders testified before Canada’s National Energy Board to voice their concerns about a dramatic increase in the number of oil tankers that would result from increasing the pipeline’s shipments of crude bitumen from the oil sands to 890,000 barrels per day from 300,000 bpd.

The existing pipeline delivers crude to Burnaby in Metro Vancouver and to Washington state.

Under the expansion, Trans Mountain could load 34 tankers a month - compared with about five currently - at Burnaby’s Westridge dock from where they would generally travel through Haro Strait west of San Juan Island and the Strait of Juan de Fuca on their way to markets in Asia and the United States.

The tribal leaders, marking the first time U.S. tribes had appeared before the NEB, said the dangers of such an increase in tanker traffic posed a threat to their way of life, culture and the environment.

Brian Cladoosby, chairman of the Swinomish Indian Tribal Community near Anacortes, told the regulatory panel that his 900-member tribe relies on salmon, shellfish and other natural resources.

Leonard Forsman, chairman of the Suquamish Tribe on the Kitsap Peninsula, said “the more traffic there is, the more oil there is, the more opportunity there is for a catastrophic spill. We’re concerned about (what that would do) to the ecosystem.”

Although the U.S. tribes don’t speak for Canadian citizens they are “profoundly impacted by the project” and share a culture with the Coast Salish people in Canada, said Jan Hasselman, a lawyer with Earthjustice representing the tribes.

Gary Youngman, the lead for Trans Mountain’s aboriginal engagement, said Kinder Morgan respects the tribes’ input and values its relationship with them.

He promised every effort would be made by Kinder Morgan to minimize impact and protect the environment.

The NEB panel is expected to release a final report in January 2016 with a recommendation to the Canadian government.

Survey can continue

The NEB issued an order allowing Kinder Morgan to continue survey work that could see it reroute the pipeline through a mountain in Burnaby.

But Burnaby Mayor Derek Corrigan said his council will not give up the fight given that the survey work will take place on city land.

“It’s not surprising that the (NEB) will attempt to extend their authority to run our city. I’m not surprised by it,” he said. “If we are going to resolve this issue it will end up in federal courts.

“We are not going to accept this as being the final word for us,” he said, indicating the city will likely appeal after consulting its lawyers.

In the meantime, Kinder Morgan, which did not comment on the NEB decision, must give the city 48 hours written notice before resuming survey work.

The NEB also ruled it had the authority to consider the constitutional question of how far its powers extended, while the City of Burnaby argued the matter should be handled by the British Columbia Supreme Court.

Agreement with Paul First Nation

The mutual benefits agreement covers education and training related to pipeline construction and business opportunities for the First Nation’s own companies and its joint-venture partnerships.

Paul Chief Casey Bird said the agreement extends beyond his community’s traditional lands to include timber used to build mats that protect soil and reduce environmental impact.