WET SUWET EN NATION. Regarding Proposed Gas & Oil Pipelines WHERE WE ARE AT AND WHAT YOU NEED TO KNOW

Size: px

Start display at page:

Download "WET SUWET EN NATION. Regarding Proposed Gas & Oil Pipelines WHERE WE ARE AT AND WHAT YOU NEED TO KNOW"

Martin Dennis
5 years ago
Views:

1 WET SUWET EN NATION Regarding Proposed Gas & Oil Pipelines WHERE WE ARE AT AND WHAT YOU NEED TO KNOW We are seeking the protection of our traditional territories for future generations.

2 OW Response is Multi-Purpose Respond to government regarding the 4 proposed pipe projects Protect Wet'suwet'en Title and Rights Ensure Wet suwet en Governance principals are upheld Highlight current status of Wet suwet en infringements and concerns Unity

3 Wet suwet en Title & Rights Enbridge, PTP, Coastal GasLink, and PNG Looping pipeline are proposed to cross Wet'suwet'en Territory

4 Impacts to title and rights: Ability to fish Collect medicines Ability to hunt Collect berries Feasting Gathering on the Storytelling territories.

5 Enbridge Northern Gateway Pipeline

6 Increase from 525, 000 bpd to 850,000 bpd in Phase V (61% increase) Increase from 193, 000 bpd to 275,000 bpd in Phase V (40% Increase)

7 Joint Review Panel (JRP) Process Wet suwet en (OW) participated in the JRP to have a voice in the Process Submitted Title and Rights document concerning infringement issues Wet suwet en Hereditary Chiefs openly opposed the Project Wet suwet en Governance (Our Laws) has made declarations in our Baht lats not to allow this Project within House Territories Decision and recommendation by JRP was released on December 21, 2013.

8 Key Steps of Interest Joint Review Panel s Report released on 19 December 2013 with 209 Certificate Conditions Enbridge Northern Gateway Project received approval on 17 June 2014.The National Energy Board has issued a letter and Certificates dated 18 June Enbridge Engagement Sept 2014 to Feb 2014 Phase 1 Crown Consultation towards Permitting A) Certificate Issue Enbridge Northern Gateway Project will need to obtain various regulatory approvals and Permits; it is difficult to know with any certainty when these applications will apply to Wet suwet en Territories. B) Data Requirements OW must also decide if project is upfront with Data collected In Wet suwet en Territory +If proven; Unjustified infringements to Wet suwet en Title and Rights. C) Possibly refer to the Courts Or Project is Stopped by Province.

9 Wet suwet en Issues with Enbridge Environmental Issues Pipeline Oil Rupture/Spill Longer term cumulative impacts. Wildlife and fish water quality contamination Threatened, endangered, extirpation/ extinct stocks Loss of fish habitat Fragmentation; changes in species behavior Clan House territories exceeded the threshold for sustainability Geology and Geomorphology Acid generating rock Wet suwet en cumulative effects assessment Legislation changes Loss of government protection Routing Cultural Issues Provide goods in the feast hall. Non-aboriginal access Aboriginal and treaty rights, including title, are not recognized Uses are not quantified Cultural heritage resources impacts Cultural sites impacted Ancestral and traditional connections Soft Aboriginal and treaty rights Hard Aboriginal and treaty rights Disruption for membership communities, Government push Effects on Wet suwet en health and socioeconomic conditions Increased in the volume of consultation referrals Routing

11 The corporate Final Investment Decision (Final Approval) for the proposed PTP pipeline project has been delayed for close to 4 years now, Even the owners are unsure of the project. Proposed PTP Natural Gas Pipeline (Chevron) Proposed 42 inch pipe Right of way clearing has started in Haisla and Kitselas territories. The Project is trying to get their Oil and Gas Commission (OGC) permits to enter into Wet suwet en territories and begin Clearings the R-O-W starting at Laksamishu Territory and Tsayu Territories at the Clore and Burnie Rivers. The OW is continuing our due diligence in trying to secure the Raw data from the Field studies conducted by the Proponent. The OW is trying to pressure PTP into giving the Data in a format that is usable (Excel) and not in PDF form. PTP is trying to demonstrate to potential buyers that their project is viable and trying to convince First Nations the project is a for sure thing. OW is holding the British Columbia Environmental Assessment Office (BC EAO) accountable for Certificate Commitments that are related to the OW. The OW has requested that 43 Conditional Commitments are tied to the OW. There are 530 Certificate Commitments. BC EAO has since approved all commitments (March 2015). All companies are in a race to export gas to Asia. All projects depend on the fluctuating LNG markets and prices. PTP still does not have confirmed gas buyers in Asia. It is rumour some of their competitors do.

13 Coastal GasLink Natural gas Pipeline Pipeline builder: TransCanada proposed: 48 inch pipe Received Investigative Permit from Oil and Gas Commission (OGC) to Drill sample sites OW issued Cease and Desist Letter The OW recommendations were not adhered to. (Route Alternative; Delgamuukw review; VEC inclusions; Raw Data to be supplied) Paralleling the PTP Line As per the Section 11 Order, the Office of the Wet suwet en have submitted (4) documents related to this Project for the Ministers review before decision. The OW submissions were done on or before October 3. The BC EAO has received the Ministry Approval for Coastal GasLink on October Permit Applications will continue to apply within Wet suwet en Territories. Fieldwork on studies will continue through Received OGC Construction Permit Approval 2015

14 Pacific Northern Gas Pipeline Natural gas Proposed 24 inch pipe 525 km of 24 diameter gas transmission pipeline installed generally within or adjacent to the existing 10 /12 pipeline right-of-way. PNG wants to provide natural gas pipeline capacity to small scale liquid natural gas producers intending to locate in Kitimat. PNG was the original proponent for PTP prior to Apache and then Chevron. The Project will be reviewed by the B.C. EAO and the B.C. OGC and requires approval by the B.C. Utilities Commission. PNG expects to file a Project Description with the BCEAO and possibly CEAA in the second quarter of This will be followed by the environmental review of the Project during 2016

15 Natural Gas Pipeline can be converted to Oil Pipeline National Energy Board Onshore Pipeline Regulations NATIONAL ENERGY BOARD ACT CHANGE OF SERVICE OR INCREASE IN MAXIMUM OPERATING PRESSURE 43. If a company proposes a change of service or an increase in the maximum operating pressure for the pipeline, the company shall submit an application for the change or increase to the Board. National Energy Board Filing Manual - Guide F - Change of Service or Increase in Maximum Operating Pressure (Engineering) A change of service occurs when the fluids being transported by the pipeline are changed. CSA Z662 defines "service fluid" as "the fluid contained, for the purposes of transportation, in an in-service pipeline system". To clarify, a change in flow direction or pressure of the pipeline contents does not constitute a change in service.

16 Key Points Wet suwet en Title supported by very strong evidence Wet suwet en Crown relationship requires reconciliation Canada approach to consulting with OW is not in-line with Court rulings Wet suwet en presented with call to make decision OW needs to ensure their decision is respected by the Crown Natural Gas Pipeline can be converted to Oil Pipeline -Keystone Pipeline (TransCanada) converting 864km Gas Pipeline to Oil (NEB Approved) -Energy East Pipeline (TransCanada) Converting 3,000km TransCanada Spokesman Shermata said there isn't much to converting a pipeline.

17 Wet suwet en Title & Rights Wet suwet en Fish & Habitat Concerns Major conflicts between Wet suwet en vision and Crown s support of proposed oil and gas pipelines OW still waiting for Crown to discuss strategic oil and gas policies OW still waiting for Crown to state potential infringements to Wet suwet en Title & Rights OW considers upper Nechako, Morice, and Bulkley fish and their habitat to be currently cumulatively effected OW considers these cumulative effects to severely impact Wet suwet en rights concerning fish Wet suwet en Fish waterways have Extirpated/Extinct Stocks and many Threatened

18 Wet suwet en Title & Rights Wet suwet en Solutions Crown has fallen short upholding their legal obligations Proposed pipelines pose serious and irreversible infringements to Wet suwet en Title & Rights Wet suwet en do not support market access for Oil & Gas through their territory OW recommends the Crown enters into direct gov t to gov t reconciliation arrangements UNITY: create better awareness of the issues for all Wet suwet en and understanding of the divide and conquer push by the Federal and Provincial governments

19 Pressure State Response (PSR) conceptual model Pressure State Methodology Wet suwet en policy relevance, the criteria for pressure indicator selection include: Representative picture of pressures on the environment; Easy to interpret and able to show trends over time; Responsive to changes in the environment and related human activities; Applicable to regional environmental issues of national significance; Have a threshold or reference value against which to compare it so that users are able to assess the significance of the values associated with it; Be theoretically well founded in either cultural, technical, and scientific concepts; Data readily available or made available at a reasonable cost/benefit ratio; Adequately documented and of known quality; Updated at regular intervals in accordance with reliable procedures.

5% in the Morice Reach 2 Southwest face unit.

21 Within the eighteen Morice sub-watersheds the total human development footprint is 17.6%. The total HDF varies from no development in the Atna sub-basin to 61.5% in the Morice Reach 2 Southwest face unit. Four sub-watersheds have a THDF value within the low threshold category, four within the moderate category, and ten fall within the high threshold category

CUMULATIVE RISK Within the last 60 years, the Wet suwet en have witnessed one crisis after another that has brought Morice watershed, land use, and its resources into its present conditions; these

22 CUMULATIVE RISK Within the last 60 years, the Wet suwet en have witnessed one crisis after another that has brought Morice watershed, land use, and its resources into its present conditions; these include: Missing salmon and diminished abundance since the mid-1950s; Construction of 2,020 km of access roads; Logging of more than 750 km 2 ; Mountain pine beetle outbreak affecting at least 1,065 km 2 ; Loss of massive amounts of Wet suwet en cultural heritage; Erosion of Wet suwet en rights and title and the ability to exercise the rights; Climate change.

FINAL Roberts Bank Terminal 2 Project Review Panel Terms of Reference

FINAL Roberts Bank Terminal 2 Project Review Panel Terms of Reference The federal Minister of the Environment, (the Minister) has statutory responsibilities pursuant to the Canadian Environmental Assessment