New pipeline review rules violate charter rights, says legal challenge

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VANCOUVER – Pipeline opponents are challenging the federal government’s new energy board rules that restrict participation in the hearing on Kinder Morgan’s proposed Trans Mountain pipeline expansion.

A notice of motion has been filed with the board asking it to declare the revised regulations unconstitutional.

The changes introduced two years ago restrict participation in National Energy Board hearings to those with a direct interest in a project and those who have expertise.

The board has approved 400 individuals and groups for intervener status at the upcoming Trans Mountain hearings and another 1,250 as commenters, who can submit comments but can’t question other participants.

Of more than 2,000 applications for various levels of participation, 468 were denied.

The nine applicants challenging the new rules include a professor of molecular biology and biochemistry at Simon Fraser University, a former director of the B.C. Sustainable Energy Association and the environmental group Forest Ethics Advocacy.

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