B.C. First Nation seeks judicial review to overturn pipeline permit on nearby territory

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B.C. First Nation seeks judicial review to overturn pipeline permit on nearby territory
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The elected band council, representing the Gitxsan Nation community of Kispiox, is going to court to challenge the BC Energy Regulator’s permit to build a section of the Prince Rupert Gas Transmission pipeline

An artist’s rendering of Ksi Lisims LNG’s plans for two floating facilities that would produce liquefied natural gas, before the project deploys other vessels to export LNG from Pearse Island on British Columbia ’s North Coast.The Kispiox Band council in British Columbia is seeking a judicial review to overturn a provincial energy regulator’s decision to allow the construction of a natural gas pipeline on the nearby Nisga’a Nation’s territory.

Ksi Lisims LNG, which hopes to begin exporting natural gas in liquid form to Asia in 2029, is co-owned by the Nisga’a, Western and a group of gas producers named Rockies LNG. Ecojustice is representing three applicants: Kispiox Band, Skeena Watershed Conservation Coalition and Kispiox Valley Community Centre Association.“The BCER interpreted the cumulative effects assessment conditions in the section 5 permit as only requiring a cumulative effects assessment of section 5B and mitigation measures for section 5B, rather than an assessment of cumulative effects and mitigation measures for the whole project,” the applicants said in their court filing.

Ecojustice and climate activists say PRGT’s strategy to start building on Nisga’a territory is a ploy to prevent the pipeline venture’s environmental assessment certificate from expiring in November. “Gitanyow is not a party to the Ecojustice challenge, but has experienced similar problems with the BC Energy Regulator and the splitting of pipeline permit 5 to allow Nisga’a lands construction to start,” said Tara Marsden, sustainability director for the Gitanyow Hereditary Chiefs.

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