The Globe and Mail reports in its Saturday, Aug. 9, edition that the toughest part of Kinder Morgan's proposed Trans Mountain pipeline comes in the final five-kilometre
stretch through Burnaby,
B.C., where it faces a
constitutional challenge to its
plans. The Globe's Justin Giovannetti writes that in a brief filed last week
with the National Energy Board, a
lawyer for the City of Burnaby
questions whether the NEB has
the constitutional authority to
override municipal bylaws that
could prohibit Enbridge's pipeline rival Kinder Morgan
from commencing activities
in a conservation area.
Two months ago Mayor
Derek Corrigan vowed to stop the
pipeline project.
Kinder wants the $5.4-billion pipeline to pass through
Burnaby Mountain.
Gregory McDade, the city's lawyer,
said the challenge is about
more than Burnaby's "opposition
to the pipeline," but about whether
the federal agency can allow a
company to ignore municipal
rules before a project is even
approved. The bylaws established
the park that includes Burnaby
Mountain and gave the municipality
authority over it.
Burnaby has said it remains
open to working with Kinder
if it files an application to
work within the city's bylaws.
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