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B.C. natural-gas pipeline challenger says he含羞草研究社檚 received threats

Smithers man wants a federal review of TransCanada含羞草研究社檚 Coastal GasLink pipeline project
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Artist含羞草研究社檚 rendition of LNG Canada含羞草研究社檚 proposed Kitimat liquefied natural gas plant. (Image supplied)

The Smithers resident who wants a federal review of the natural gas pipeline that would feed the planned multi-billion LNG Canada liquefied natural gas facility at Kitimat says he含羞草研究社檚 received threats against his life and property.

含羞草研究社淚 can tell you it含羞草研究社檚 been relatively intense,含羞草研究社 says Michael Sawyer of the attention focused on him since he asked the federal National Energy Board at the end of July for an order that TransCanada含羞草研究社檚 Coastal GasLink pipeline project be put under federal regulation.

The pipeline has already received a green light from the province含羞草研究社檚 environmental agencies, a key factor in the decision by LNG Canada含羞草研究社檚 Joint Venture Partners (JVPs) whether to give the go-ahead or not.

The JVPs, which now include the Malaysian energy giant Petronas, have indicated a decision will be made by the end of the year, something that含羞草研究社檚 placed residents, businesses and local governments in Kitimat and Terrace in a high state of anticipation.

But if Sawyer含羞草研究社檚 application to the NEB is successful and a review is in order, there含羞草研究社檚 a growing worry among LNG proponents in the region that an investment decision would be delayed.

And it含羞草研究社檚 that worry which has placed Sawyer in the spotlight, resulting in the threats.

含羞草研究社淥ne said 含羞草研究社楬ope you have your fire insurance up to date含羞草研究社 and another was 含羞草研究社楲ook out. We含羞草研究社檙e coming to get you,含羞草研究社櫤卟菅芯可鐫 said Sawyer.

He含羞草研究社檚 contacted the Smithers RCMP who so far describe messages as 含羞草研究社渋mplicit含羞草研究社 and not 含羞草研究社渆xplicit,含羞草研究社 Sawyer added.

含羞草研究社淭here含羞草研究社檚 not enough for them to act on,含羞草研究社 he said of the police response.

Sawyer said he understands the range of emotions arising from his NEB filing from people anticipating an economic boom from any LNG development, but said his filing is based on Canadian law and judicial precedence.

含羞草研究社淲e live in a society where there含羞草研究社檚 the rule of law,含羞草研究社 said Sawyer, adding that when governments don含羞草研究社檛 follow the rule of law, 含羞草研究社渋t含羞草研究社檚 incumbent upon citizens to hold their feet to the fire and have them obey the law.含羞草研究社

It含羞草研究社檚 a position Sawyer bases on two previous court decisions, a 1998 Supreme Court of Canada decision and a 2017 Federal Court of Appeal decision involving the now-shelved Pacific NorthWest LNG project near Prince Rupert.

While pipeline projects in B.C. don含羞草研究社檛 solely fall under provincial jurisdiction as defined by the constitutional provision giving provinces control of natural resources, both decisions determined that a tie-in with existing pipelines that are under federal jurisdiction would also place those new projects under federal jurisdiction.

The 2017 decision is particularly relevant for Sawyer because it stemmed from his own appeal of an NEB decision dismissing his assertion that the pipeline, which would also have been built by TransCanada, to feed the Pacific NorthWest LNG project was within federal and not provincial jurisdiction.

That decision was never appealed by the NEB nor TransCanada, meaning it stands as a precedent, Sawyer states.

In addition to Sawyer含羞草研究社檚 legal position, he refutes the premise that LNG is a clean fuel which can replace fuels such as coal until 含羞草研究社渟ome other mythical fuel is found.含羞草研究社

While LNG as a fuel may burn cleaner, once the cumulative energy-using impacts of drilling, fracking, processing, pumping through pipelines, super-cooling for shipping and shipping itself are considered, the emissions total is greater than burning coal, he says.

含羞草研究社淭he [cumulative] emissions are two per cent greater,含羞草研究社 said Sawyer. 含羞草研究社淲hen you look at the claim then that it含羞草研究社檚 a cleaner fuel, it含羞草研究社檚 simply not true.含羞草研究社

It含羞草研究社檚 why a federal review of the project is needed in the broad public interest, he added in questioning the thoroughness of the provincial review.

Sawyer also said a federal review would put into play federal species protection legislation - he has his eye on a northeastern B.C. caribou herd resident in an area he said TransCanada has already indicated it would need to drill 700 wells a year, with accompanying infrastructure, over the next 30 years.

含羞草研究社淭hat (caribou) herd would simply no longer exist,含羞草研究社 said Sawyer.

Overall, Sawyer said the provincial approval of Coastal GasLink was driven by the former BC Liberal government含羞草研究社檚 bias to 含羞草研究社渁pprove the project and get it running.含羞草研究社

含羞草研究社淟ook, if there had been a fulsome [provincial] review, and they acknowledged all of the risks and decided to go ahead with it anyway, I may not have agreed with it but at least it would be intellectually honest,含羞草研究社 he said.

A former environmental consultant in Alberta, first for oil and gas companies and then to citizen groups, landowners and First Nations over a career of more than 20 years, Sawyer said he moved to Smithers to more or less retire.

However, Sawyer said he saw deficiencies in how energy projects in B.C. are examined and decided to become more involved.

He says there含羞草研究社檚 no personal financial gain in what he含羞草研究社檚 doing and counters critics含羞草研究社 accusations he含羞草研究社檚 receiving money from American foundations.

He did receive $2,500 to help with legal costs from the West Coast Environmental Law Society含羞草研究社檚 environmental dispute resolution fund which is financed by interest earned by trust accounts maintained by lawyers in B.C.

Individuals have also made small donations.

And as for why the application to the NEB has only been filed now with an LNG Canada investment decision expected soon, Sawyer said it simply took this long to gather his information.

含羞草研究社淭here含羞草研究社檚 no intention to time my application. That含羞草研究社檚 how long it took to get this together,含羞草研究社 he said.



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