Earlier today, the Federal Court of Appeal issued a disappointing decision, declining to hear Ecojustice’s most recent challenge of the Trans Mountain pipeline project, brought on behalf Raincoast Conservation Foundation and Living Oceans Society.

The ruling is a setback in our efforts to hold the federal government accountable for re-approving this risky project.

But we’re not giving up now. The fight to protect Southern Resident killer whales and stop projects that will accelerate climate change is too important.

Now that the Federal Court of Appeal has refused to hear our case, Ecojustice lawyers will go back to our clients and carefully consider our options. This includes deciding whether to take our challenge to the Supreme Court of Canada.

We are in the throes of a climate emergency and biodiversity crisis, so we plan to weigh this possibility seriously with our clients in the coming days.

Today’s news may have forced us to take a step back before determining our next move, but one thing is certain: Our commitment to using the law to defend nature, combat climate change, and fight for a healthy environment will never waver.

Supporters like you make it possible for us to achieve precedent-setting legal victories and weather disappointing decisions. Thank you for standing with us.

Rest assured: When it comes to defending endangered orcas and our climate, stopping Trans Mountain wasn’t our only play. Ecojustice will continue to protect orcas from threats to their survival, including the Roberts Bank Terminal 2 expansion — a project that also endangers the wild salmon Southern Residents rely on.

And, as we head into election season, Ecojustice has called on the federal parties to commit to more ambitious climate action and legally-binding emissions targets. Canadians deserve a government that is prepared to respond to the climate emergency and use every tool at its disposal — including the law — to tackle this crisis head-on.