Federal court rejects B.C. government's appeal against NEB's local bylaw ruling

The provincial government says the Federal Court of Appeal has dismissed its application to appeal a National Energy Boardruling that allows Kinder Morgan to bypass City of Burnaby bylaws during construction on the Trans Mountain pipeline expansion.

The NEB ruled in December that the company isnot required to comply with two sections of the City of Burnaby'sbylaws on land and tree clearances.

• NEB clears Trans Mountain to begin pipeline tunnel work atBurnabyMountain

Kinder Morgan had argued the bylaws were unconstitutional becausethey hindered its ability to go ahead with the federally approvedproject.

In February, the provincefiled leave to appeal the board's ruling with the Federal Courtof Appeal.

• B.C. to appeal NEB ruling on Trans Mountain bylaw

It argued that the the NEB erred by toobroadlydefining federal jurisdiction over interprovincial pipelines.

The government said on Friday the court dismissed its application to appeal.

"This, in effect, allows local permitting process to be needlessly undermined," said B.C. Environment Minister George Heymanin a statement.

Other legal battles

Last fall, British Columbia was granted intervener status in the Federal Court of Appeal hearing challenging the original NEB decision to approve the project.

Heyman says his government will continue to try and stop the project.

"Our government will continue to explore other legal ways to defend the interests of British Columbians against this unnecessary project," he said.

Alberta Premier Rachel Notleycommented on the decision on social media on Saturday, saying it was another win for the interests of Canada.

"To date, Alberta has won every case brought against Trans Mountain," she wrote on Twitter. "Your Alberta government will not back down until this pipeline is built and the national interest is secured."