VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH), AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES — A coalition of a First Nations band and local community groups head to court tomorrow to kick off a four-day hearing, challenging the B.C Energy Regulator’s decision to allow construction to start on a section of the Prince Rupert Gas Transmission pipeline. The groups are arguing that a key permit condition was not met before the start of construction.
The Kispiox Band, Kispiox Valley Community Association, and Skeena Watershed Conservation Coalition represent some of the frontline communities and interests that will be directly impacted by the pipeline. The pipeline’s proposed route would cut across northern B.C. to the West Coast, transporting fossil gas to be exported overseas as liquefied natural gas (LNG).
“We’re reluctantly in court after trying to solve this directly with the B.C. Energy Regulator and relevant government Ministries,” said Shannon McPhail, Co-Executive Director at Skeena Watershed Conservation Coalition. “It shouldn’t be left up to citizens to ensure our regulators are doing their jobs and upholding the law, but this is our home and we will defend it.”
“We are concerned no one is really listening,” adds Kathy Clay, President of the Kispiox Valley Community Centre Association (KVCCA). “We deserve to be actively included in the discussions and decisions that affect us. The concerns of the Kispiox Valley residents have not been acknowledged, much less addressed, by government or industry regulators.”
The groups, represented by Ecojustice lawyers, allege that the Regulator bypassed a legally required step of conducting a cumulative effects assessment of the project, which allowed the rushed start of construction on a section of the pipeline.
Kolin Sutherland Wilson, Chief Councillor of Kispiox Band said: “We’re in court because the decision to start building the Prince Rupert Gas Transmission Pipeline was not only hasty but also skirted legal requirements. The Regulator ignored the broader impacts by using outdated information and only focusing on small sections of the project.”
“The B.C. Energy Regulator imposed this requirement on itself in 2022, in response to concerns from Indigenous communities that the cumulative effects of industrial development in northern B.C. were being overlooked. It was an important addition, so it’s concerning that the Regulator is now skirting its own rules.” Matt Hulse, staff lawyer at Ecojustice adds. “Unfortunately, it appears part of the Regulator’s long history of failing to regulate oil and gas companies at the expense of communities and the environment.”
The groups are concerned that the Regulator’s failure to assess and mitigate the cumulative effects of construction poses dangers to their communities and the ecosystems they rely on — including effects from pipeline construction on streams, roadways, community infrastructure and services, endangered species, the local environment, and community safety.
“This is about our home, our communities, and our watershed,” shares Jesse Stoeppler, Co-Executive Director of Skeena Watershed Conservation Coalition. “Much of our regional economy, culture, and food security is linked to having a healthy watershed and what the B.C. Energy Regulator has permitted will already have a significant impact even if they uphold all laws and permit conditions. We’re here to ensure that, at minimum, they do exactly that because we will not allow another BCER boondoggle like the Coastal GasLink pipeline.”
Kathy Clay further highlights the direct, daily impacts to her community: “As a resident of the Kispiox Valley, I am afraid this project will have drastic, long-lasting effects on our daily lives. What is most disturbing is the fact that 80 per cent of the Valley residents live within 3 to 10 km of a proposed compressor station that will affect our lives for the life of the pipeline. We will be facing continual noise, light, and air pollution with ongoing disturbances to our health and the environment.”
“We need a complete and up-to-date assessment that takes into account the true scale of potential harm to communities like Kispiox, located just 15 kilometers from the pipeline,” Kolin Sutherland Wilson added. “It’s crucial to ensure the safety and well-being of our communities against the very real threat of climate change.”
The groups have invited partners and allies to join them in a show of support outside the B.C. Supreme Court
- When: Tuesday March 25 at 8:00 am PST
- Where: B.C. Supreme Court (800 Smithe St., Vancouver) at the corner of Hornby St and Nelson St
Find additional background here.
About
The Kispiox Band is a First Nation band based in the Kispiox Village, originally known as Anspayaxw. It is one of six ancient Gitxsan communities that exist within the territory of the Gitxsan Nation, in what is now known as northwestern B.C. The Kispiox Band has 1555 members and the elected Band Council is responsible for the administration and band services, the well-being of the band members, and matters affecting the Kispiox Village. The PRGT pipeline will pass less than 15 km from the Kispiox Village and crosses the Skeena River and its tributaries, from which the village draws its drinking water.
The Kispiox Valley Community Centre Association represents about 200 people, most of whom reside in the Kispiox Valley north of Anspayaxw (Kispiox) Village. In 2014, the Kispiox Valley Community Centre Association issued the Kispiox Valley Declaration, which states that residents, “cannot stand by and let any industrial presence, including oil and gas development, that would threaten or harm our values and responsibilities…” The PRGT pipeline would travel through the Kispiox Valley.
Skeena Watershed Conservation Coalition works to cultivate a sustainable future from a sustainable environment rooted in our culture and a thriving wild salmon ecosystem in the Skeena watershed. The Skeena Watershed Conservation Coalition was founded over twenty years ago by a diverse group of people living and working in the Skeena River watershed. The PRGT pipeline would travel through the Skeena Watershed.
Ecojustice uses the power of the law to defend nature, combat climate change and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions, law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa and Halifax.
