"It has always been obvious that the Trans Mountain Pipeline Expansion Project violates Indigenous sovereignty and would cause irreparable harm to our environment and the health of people; while threatening the extinction of the Southern Resident orca".
In a unanimous decision by a panel of three judges, the court says the National Energy Board's review of the project was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.
The news is a massive victory for environmentalists and Indigenous groups that had been fighting the project.
She said the federal government needs to pass emergency legislation making it clear that the National Energy Board does not have to inquire into marine shipping impacts as part of its mandate, and never had to do so in the case of Trans Mountain. That, in turn, meant that the energy board did not assess the potential impact of increased tanker traffic on the endangered southern resident killer whale population.
Executive Director of the Georgia Strait Alliance Christianne Wilhelmson says the Trudeau Liberals have been shamed.
The company temporarily halted construction earlier this year, saying it was concerned that feuding between the governments of Alberta and British Columbia, which sided with environmental groups fiercely opposed to the project, created undue political risks.
"Our coast was not considered by the National Energy Board and I feel that those citizens have been vindicated today", said Horgan.
"Today's decision is a major win for Indigenous Nations and for the environment", said Greenpeace USA tar sands campaigner Rachel Rye Butler.
"For over a year and a half, Canadians have waited for Trudeau to come up with a concrete plan to ensure this pipeline project is completed", said Conservative Leader Andrew Scheer.
It also said the government failed in its constitutional duty to "engage, dialogue meaningfully and grapple with the real concerns of the indigenous applicants so as to explore possible accommodation of those concerns". The case is a combination of almost two dozen cases against the crude oil pipeline, according to the Globe and Mail.
US Senator John McCain is dead
Larry Hogan, R, ordered the Maryland state flag to be lowered to half-staff in honor of McCain until his burial on Sunday. McCain was a frequent Trump critic and his family has said he did not want the president to attend his funeral.
The appeal challenged the governor-in-council's November 2016 approval of the project on two.
The outcome was not in question as Kinder Morgan Inc. retained about 70 per cent of the shares after spinning off its Canadian assets in a $1.75-billion initial public offering in May of 2017. "Obviously that move didn't have the desired effect or at least hasn't yet and I haven't seen the reaction from the federal government for this decision, so I guess we'll wait to hear what their next steps are". "We have every right to be angry and frustrated by the apparent failure of governments across the country to build critical economic infrastructure".
He said the government remained "absolutely committed" to building the project.
The federal court said that during the NEB permit process, Canada acted in "good faith" when consulting but later fell "well short of the mark" in properly consulting First Nations during the third and final stage.
The Trudeau government, he said, "abandoned its promise of reconciliation with Canada's Indigenous Peoples when it forced this unsafe project on numerous individual, rights-holding First Nations in 2016".
McKay Métis president Ron Quintal said the big lesson from the ruling is that a factor has been identified in "a flawed system that has failed the Indigenous people of this country".
Notley also says her government hasn't ruled out acting on legislation it recently passed allowing it to cut oil flows both east and west to drive home the importance of Alberta's bedrock industry to the rest of Canada. Other plaintiffs include the cities of Vancouver and Burnaby.
"We believe the regulatory goat rodeo regarding this project (and others) has led to a significant reduction in investment in Canada and outright divestitures by foreign corporations".
October 26, 2017: Kinder Morgan Canada asks NEB to allow work to begin despite a failure to obtain municipal permits from the City of Burnaby.