Energy East: Quebec environmental groups file court motion challenging pipeline project

The group filed a court motion Thursday and argued TransCanada Pipelines Ltd., the company behind the project, has ignored repeated government requests to file a project notice with the province's Environment Ministry.

Michel Blanger, a coalition lawyer, said an industrial project of such magnitude should not be able to bypass provincial
regulation.

"In the absence of a project notice, the government has had to jump through hoops to come up with an alternative process," Blanger said. "If that can happen for a project like this, it's worrisome for the future.

TransCanadahas not replied to the Quebec government'srequests for formal notice, saying Energy East is subject only tofederal regulation.

Absence of impact studies

The coalition says Quebec's environmental regulation agency,which is set to begin hearings on Energy East on March 7, has beengiven a "truncated mandate" because of the absence of impactstudies.

"The government has tried to proceed in other ways but theydon't give citizens legal guarantees and, above all, it doesn't giveQuebec any power of authorization over the project,"Blangersaid.

Blangersaid the Quebec government has ignored its ownEnvironment Quality Act, which states that any pipeline more thantwo kilometres long is subject to a mandatory environmental impactassessment and review procedure.

The coalition has asked theCouillardgovernment to delay thestart of the hearings until after the court rules on the motion, andBlangersaid he hopes to hear back from Environment Minister DavidHeurtelby Monday.

"For the moment, we're sticking to a letter,"Blangersaid."We'll see later if we need to take more serious measures."

TransCanadaspokesman TimDuboycesaid Thursday the company iscommitted to participating in Quebec's environmental hearings, whichhe called a "credible and rigorous" process.

"It will be an opportunity for us to answer the questions posedby commissioners and the public about Energy East," he said in anemail.

Quebec is expected to use the regulation agency's report when itsubmits its official position to the National Energy Board duringthe federal hearing process.

The $15.7-billion Energy East pipeline would carry 1.1 millionbarrels a day of western crude as far east as Saint John, N.B.,serving domestic refineries and international customers.

The project has run into stiff opposition in Quebec, with themayors of Montreal and surrounding municipalities arguing thatenvironmental risks outweigh the economic rewards.