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Judge rejects Burnaby’s bid for injunction to halt Kinder Morgan pipeline project

A judge has refused to grant the city of Burnaby an injunction to stop a controversial Trans Mountain pipeline expansion project by Kinder Morgan. In a brief ruling released Wednesday, B.C.
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The City of Burnaby got upset last week after Kinder Morgan workers cut some trees in the Burnaby Mountain Conservation Area.

A judge has refused to grant the city of Burnaby an injunction to stop a controversial Trans Mountain pipeline expansion project by Kinder Morgan.

In a brief ruling released Wednesday, B.C. Supreme Court Justice Brenda Brown said she would not give the reasons for her decision until possibly next week.

Greg McDade, a lawyer for Burnaby, said outside court that the next move is to see what the federal National Energy Board (NEB) does in the wake of the ruling.

The company has asked the NEB, which earlier granted permission for the project, to make an order that Burnaby stop getting in the way of the work.

McDade said there was no indication when the NEB might make its decision.

The city has also asked the court to rule on whether its bylaws trump any ruling made by the NEB but there is no indication whether the court will hear those arguments.

In August the city issued stop-work orders and fined the multi-billion dollar energy company for cutting down 13 trees in the Burnaby Mountain Conservation area.

The RCMP were called to the scene after a confrontation between city employees and pipeline workers, who were engaged in a geotechnical survey in the area as part of a plan to triple the pipeline’s capacity.

The city claims that the work also obstructs Burnaby roads and diverts traffic — all in contravention of city bylaws.

In August, the NEB ruled that the company had the power to enter onto Burnaby’s lands without the city’s agreement.

The NEB has not yet decided to approve the pipeline expansion, which calls for a new pipeline along a new route to the Burnaby terminal, 13 new tanks and two new delivery line.