Enbridge Line 9 pipeline appeal approved by Supreme Court

The Supreme Court of Canada will allow the Chippewas of the Thames First Nation the chance to appeal a plan by Enbridge Pipelines to use a line through southern Ontario to Quebec to move oilsands bitumen from Western Canada.

Chief Leslee White-Eye applauded the decision, saying a statement that members of the First Nation were "distressed" when the Federal Court of Appeal dismissed their appeal and "failed to acknowledge our aboriginal and treaty rights."

Enbridge's Line 9 Pipeline Must Undergo Tests Before Starting, NEB Rules

CALGARY - The National Energy Board isn't ready to let Enbridge start shipping crude to Quebec refineries just yet.

The federal watchdog granted Enbridge (TSX:ENB) "leave to open" its Line 9B pipeline between southern Ontario and Quebec on Thursday.

Line 9 will 'snake' across Ontario and Quebec waterways

The National Energy Board's (NEB) announcement of its approval of Enbridge's Line 9B pipeline is generating outrage among environmental activists across Ontario and Quebec. The pipeline, already in place for nearly 40 years, has a history of leaks and the repurposing of it to carry dilbit (diluted bitumen) under high pressure is seen as an environmental catastrophe waiting to happen. Mark Mattson, an environmental lawyer and president of Lake Ontario Waterkeeper, is particularly concerned. "There are hundreds of rivers that feed into Lake Ontario. [Line 9] will be carrying dilbit, and this pipeline wasn't made for that. It was made to carry other substances." He goes on to add, "Line 9 is just one of many, many emerging threats to the Great Lakes."

Line 9 approval "incredibly dangerous" failure by government, environmental groups say

The National Energy Board announced today that it will approve Enbridge’s application to reverse and expand its Line 9 pipeline to carry heavy crude oil from the Alberta tar sands to refineries in Ontario and Quebec.

The 140-page decision outlines the hearing process and sets out requirements for Enbridge to improve emergency response and pipeline integrity as well as continued consultation.

The company filed an application with the NEB in 2011 to reverse a segment of its Line 9 pipeline between Ontario and Quebec, and to expand capacity between Sarnia, ON, and Montreal, including a change in regulations to allow it to transport crude oil. Phase I of the project, the line reversal, was approved last August.

Line 9 assessment process is undemocratic

In the critical negotiation between Canada’s short-term economic interests and the preservation of our natural bounty, democracy dictates that citizens get a say. So why, as the National Energy Board considers a proposal to increase and reverse the flow of Enbridge’s Line 9, an oil pipeline that crosses the GTA, are concerned Canadians finding themselves unable to weigh in?

In April, the NEB announced that anyone wishing to speak at its public hearing on Line 9, or even write a letter on the subject, had to apply to do so, within a two-week period, by filling out a prolix nine-page form that resembled something out of Kafka. Those who became aware of the new rules early enough, and could spare the hours to complete the form, were asked to parse paragraphs like this: “Before you continue with this form, refer to the Board’s Guidance Document on Section 55.2 and Participation in a Facilities Hearing attached to the Hearing Order OH-002-2013 as Appendix VI . . . ” And even if you managed to wade through the form, the board might still reject your application.

Enbridge gets 'mic checked' at Line 9 public hearings

Public hearings in London, Ontario for Enbridge's proposed reversal of the Line 9 pipeline had barely begun Wednesday when more than a dozen protesters, including members of the Haudenosaunee First Nation, quickly shut down the proceedings.

Within moments of the disruption, the National Energy Board (NEB) panel and the representatives from Enbridge exited the room through the Hilton London staff doors.

Using the people's mic tactic, the demonstrators challenged the hearings for "failing to consider the impacts of tar sands expansion and all the treaties being breached by this proposed pipeline reversal."

No 'free, prior and informed consent' for Enbridge

They argued that the Line 9 reversal could not go ahead without the "free, prior, and informed consent of the Haundenosaunee, who would be directly impacted by a pipeline rupture."

The other Enbridge pipeline: Ontario's Line 9 project

With so many eyes on the proposed Northern Gateway Pipeline in northern B.C., Enbridge’s other currently proposed pipeline project -- the reversal of Line 9 between Sarnia and Westover in Ontario -- has been slightly in the shadows.

According to Enbridge, the existing pipeline has a capacity to pump 240,000 barrels of conventional oil per day, westbound from Montreal to Sarnia. On August 8, 2011, the company filed an application with the National Energy Board (NEB) to reverse the flow of the section between Sarnia and North Westover.

Public hearings for the project are set to start May 23 in London, Ontario, and not without controversy. With the Harper government’s 'streamlining' and funding slashes looming over Canada’s environmental regulatory processes, the NEB changed its mind on when the hearings would happen.


Hearing hiccups


Originally suggesting that the Hearings would be in the fall of 2012 to avoid disrupting necessary agricultural work in the spring and summer, and to accommodate the required steps for participants,  the NEB announced that the hearings were now to take place from May 23-25.