The Globe and Mail reports in its Tuesday, Sept. 13, edition that the Federal Court of Appeal has rejected a challenge by a Vancouver-area first nation, which argued its rights were violated by the National Energy Board during the agency's review of Kinder Morgan's Trans Mountain expansion project. The Globe's Shawn McCarthy writes that the court declared that the Tsleil-Waututh First Nation of Burnaby had numerous opportunities to engage in consultations prior to and during the hearing process, but failed to take them. The community is located near the Enbridge rival's export terminal at the end of the Trans Mountain pipeline from Alberta. The NEB said in May the project would be in Canada's national interest despite some environmental impacts and risks. It recommended that federal cabinet should approve the pipeline expansion. Earlier this year, the Liberal government appointed a separate panel to conduct further consultations with first nations and other communities that would be affected by the project, and has promised to make a decision by Christmas. In a report Monday, DBRS said a lack of export pipeline capacity could throttle growth in the oil and gas industry.