The City of Burnaby’s Application for Leave to Appeal to the Federal Court of Appeal, about the NEB’s Ruling, is being served today.
By Roy L Hales
Kinder Morgan has filed an injunction against Burnaby residents preventing one of its crews from doing a feasibility study on Burnaby Mountain. At 5 pm Thursday, five defendants were served with a pile of legal documents “over three inches deep.” Simon Fraser University (SFU) professor Lynne Quarmby, SFU professor Stephen Collis, Adam Gold, Mia Nisson and Alan Dutton will appear in BC Supreme Court today at 2 pm today. The court will decide whether to “restrain” them from their “trespass upon Burnaby lands, and their wrongful obstruction, impeding, interfering with and prevention of” the pipeline company’s activities. Kinder Morgan is claiming it loses at least $5.5 million in direct costs and $88 million in lost revenue every month the Trans Mountain Pipeline project is delayed is also seeking a permanent injunction, damages, interest and cost. Yet the pipeline company is in the park against the City of Burnaby’s expressed wishes and it is not certain if the NEB ruling that gave the pipeline company access is legal.
Local residents stoppeded Kinder Morgan from working on Burnaby Mountain Conservation Forest this morning. Four company workers attempted to access the area where they had been clear cutting trees before the City of Burnaby shut their operation down on September 2. The Kinder Morgan workers abandoned the attempt after being “shouted out,” and tried to access by another route. When this failed, they left.
A recent poll has bad news for the fossil fuel industry. It does not look good for the Conservative party’s chances in the next election either. Primer Minister Stephen Harper’s “environmental” policies have drawn much criticism, especially in BC, where municipalities, First Nations and environmental groups are fighting against the imposition of two oil sands pipelines. According to a Nanos poll, 62% of Canadians see protecting the environment as more important than the price of energy. Harper could lose the next election if energy is the key issue.
The battle for Burnaby Mountain’s Conservation Forest is not over. The City of Burnaby stated has just issued a press release stating it will “appeal the National Energy Board’s (NEB) Ruling and Order over-riding Burnaby’s bylaws and granting Kinder Morgan the right to cause damage to Burnaby Mountain Conservation Area for technical studies related to the company’s proposed pipeline.”
The biggest news to come out of the US Energy Information Administration’s (EIA) report for August, is that utility solar’s production of electricity is up 93.6% over last year. This is the principal reason that the renewable contribution is up 9.6% and only half of the story. The EIA does not record production from rooftop solar (which means solar’s overall contribution is significantly higher) and production figures are down in every fossil fuel sector. This trend is also seen in the latest figures from Germany, where solar production is up 7.7%, wind 8% and biomass 11% over last year. The data contradicts several myths about Renewable energy.