Northern Gateway president John Carruthers announced Tuesday that proponents of the .9 billion project would not appeal a recent Federal Court of Appeal decision that overturned Ottawa’s approval of the controversial pipeline.
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In June, the Federal Court of Appeal reversed the approval of the pipeline, sending federal bureaucrats back to the drawing board.
The court agreed that the then Conservative government failed its constitutional duty to consult with First Nations along the proposed pipeline and shipping routes.
The government is facing “very hard issues” in relation to the decision, Natural Resources Minister Jim Carr told reporters Monday.
Canada’s Liberal government said on Tuesday it also will not appeal the ruling.
“We’re not appealing the decision, because we understand what the court has said”.
“People are being offered the opportunity to buy in on a pipeline”.
A project spokesperson would not speculate on whether the federal government would leave itself open to a lawsuit if it decides to kill the project outright.
The Douglas Channel, the proposed shipping route for oil tanker ships in the Enbridge Northern Gateway Project, just south of Kitmat, B.C., is pictured on January 10, 2012. “We look forward to working with the government and Aboriginal communities in the renewed consultation process”, he added.
It would involve the construction of more than a thousand kilometres of pipeline from northeast of Edmonton to Kitimat, B.C., for shipping to global markets.
The project was overturned when the court ruled that Enbridge and the government had not involved First Nations who will be affected by the project.
The company’s statement also contained supportive statements by four aboriginal equity partners, who called on the government to “actively and fully undertake the required consultation as directed” by the court.
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Killing Northern Gateway, when packaged with a national carbon tax, could provide Trudeau with the additional political cover he needs to convince British Columbians to accept the Kinder Morgan project over the objections of Vancouver Mayor Gregor Robertson, environmentalists and a number of First Nations. It was signed by Bruce Dumont of the Métis Nation British Columbia; David MacPhee of the Aseniwuche Winewak Nation; Gitxsan Nation Hereditary Chief Elmer Derrick, and Elmer Ghostkeeper of the Buffalo Lake Métis Settlement.
