VANCOUVER — The City of Burnaby’s bylaw battle against Kinder Morgan’s Trans Mountain pipeline expansion has been shut down by a B.C. Supreme Court judge who has declared that the National Energy Board rules take precedence over the city’s.The Metro Vancouver city has tried to hamper preliminary planning in advance of laying the 1,100-kilometre-long pipeline between Alberta and coastal B.C. through two separate bylaws.But Justice George Macintosh said in a ruling posted online Monday that the National Energy Board has the constitutional power to direct or limit the enforcement of Burnaby’s bylaws.Trans Mountain pipeline costs rise to $6.8 billion, but Kinder Morgan says project worth the priceNatural resources minister vows to find ‘sweet spot’ between environmental agenda and oilpatch concernsOilpatch dismayed by Liberal move to ban crude oil tankers in northern B.C.Macintosh said the energy board can take such action when city bylaws interfere with or block the regulation of the pipeline and expansion project, ruling NEB laws are supreme.“Where valid provincial laws conflict with valid federal laws in addressing interprovincial undertakings, paramountcy dictates that the federal legal regime will govern,” said Macintosh.“The provincial law remains valid but becomes inoperative where its application would frustrate the federal undertaking.”Macintosh ruled the city’s bylaws were lawful but constitutionally inoperative and inapplicable.“Burnaby appears from the filed evidence to be using the bylaws to make Trans Mountain’s preliminary work on the expansion project difficult, if not impossible, to undertake,” he added.A spokeswoman for the City of Burnaby said officials received Macintosh’s ruling on Monday and will be reviewing the decision and considering an appeal.Ali Hounsell, with the Trans Mountain expansion project said in an email that the court’s decision simply reaffirms earlier rulings upholding the NEB’s jurisdiction as it relates to the project.Macintosh decided not to rule on a separate constitutional question raised by the city, calling the question “an abuse of process.”In that question, the city asked the court to rule that the energy board did not have the “constitutional jurisdiction” to direct or limit the enforcement of bylaws by the city.Macintosh declined to answer the question, noting the city had failed to win the same argument in earlier hearings before the Federal Court of Appeal and the energy board.The city was ordered to pay the company’s legal costs.The dispute dates back to Dec. 16, 2013, when Trans Mountain asked the energy board for a certificate for the expansion project.Mounties arrested more than 100 people during protests last year on Burnaby Mountain, where Trans Mountain crews were conducting test drilling at two locations.A judge later tossed out civil contempt charges against many of the activists who were arrested for violating a court injunction ordering them to stay away from the drilling areas.The company admitted that it had provided the wrong GPS co-ordinates when it asked for the original court order and the measurements were so inaccurate that the site was outside the area covered by the injunction.20:16ET 23-11-15
Ohio State freshman Morgan Lowe performs on balance beam on Jan. 27 in a tri-meet against Minnesota and Illinois State. Credit: Megan Russell | Lantern ReporterThe Ohio State women’s gymnastics team (5-3, 2-2) claimed its second victory of the season in a quad meet at Rutgers on Saturday. The Buckeyes posted their second-highest final score of the season (195.850) to defeat Rutgers (194.800), West Chester (191.600) and Wisconsin-Whitewater (191.275).Ohio State took first place on uneven parallel bars, the first event of the night, with a mark of 48.875. On her second performance of the season, Ohio State senior Kaitlyn Hofland posted a 9.825 to take the top slot, followed by teammates redshirt sophomore Amanda Huang and senior Alexis Mattern, who both tied for second with scores of 9.800.The Buckeyes then claimed first on the balance beam with a 48.800. They held just a 0.025 lead against Rutgers in the event. Junior Jamie Stone led Ohio State with a career-high mark of 9.825 to earn second place. Freshman Morgan Lowe took third place in a three-way tie of 9.800 with Rutgers’ Erin McLachlan and Libby Groden. In its third rotation on floor exercise, Ohio State claimed its highest event score of the night with a 49.000. Stone led the team again, pulling a 9.875 to earn first in the event. Freshman Brooke Chesney earned a career-best 9.800 tally to tie for third place with Mattern.The Buckeyes finished the night with another season-high score of 49.175 on vault and swept the top spots on the podium. Lowe earned another career high with a 9.875 to tie for first place with Mattern. Sophomore Olivia Aepli earned a 9.850 to share third with Rutgers’ Jenna Rizkalla. Ohio State took home the gold with a 195.850 score, but not before Mattern gained another title. She placed first in the all-around competition with a 39.150 finish, her first personal win of the season. Ohio State returns home in St. John Arena for a co-ed meet against Penn State at 6 p.m. Friday.
The latest approaches to safe and economical management of rock dumps will be the focus of an inaugural seminar to be held in Perth next March. Professor Andy Fourie, from the Australian Centre for Geomechanics based at The University of Western Australia, said the First International Seminar on the Management of Rock Dumps, Stockpiles and Heap Leach Pads would bring together leading mine owners and operators, as well as academics, consultants and researchers from around the world.“As mining practices result in deeper open pit and underground mines so does the need to effectively manage the resulting substantially sized rock dumps, stockpiles and heap leach pads,” Professor Fourie said. “The potential harm that these landforms can cause to the surrounding ecosystems generates increased community concern. For industry to remain viable and profitable it must ensure that the management and rehabilitation of these landforms is proactive and responsible. The seminar will provide an important forum for local and overseas delegates to explore significant developments in the design, operation and management of rock dumps, stockpiles and heap leach pads.”The Australian Centre for Geomechanics (ACG), which is presenting the seminar, is a not-for-profit mining research centre that promotes mine safety and environmental best practice through geomechanics research, training and education. The three-day program will feature more than 30 presentations, including keynote addresses by Norwegian expert, Dr Nick Barton, and Professor Dirk van Zyl from the University of British Columbia.Professor Fourie said the ACG was the only centre of its kind in Australia and one of only a handful in the world concerned with improving mine safety while optimising production performance. Rock Dumps 2008 will be held at the Novotel Langley Hotel, Perth, March 5-7, 2008, with more than 120 local and international mining professionals expected to attend.For more information contact firstname.lastname@example.org