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Coastal GasLink back in compliance, EAO says

The Environmental Assessment Office says Coastal GasLink is back in compliance after the agency's compliance and enforcement branch found workers had breached conditions related to work on the pipeline in south of Houston.
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A Coastal GasLink image shows the band councils that have reached benefit agreements along the pipeline route.

The Environmental Assessment Office says Coastal GasLink is back in compliance after the agency's compliance and enforcement branch found workers had breached conditions related to work on the pipeline in south of Houston.

The EAO had responded to a complaint from the Office of the Wet'suwet'en, which represents the First Nation's hereditary chiefs. The Office had demanded the EAO issue a "cease and desist order" stopping all work in the project, saying CGL was not in compliance at six of the inspected locations and has been conducting work outside of its environmental assessment certificate conditions

"The provincial government is required to uphold its own law and issue an immediate cease-and-desist work order for Coastal GasLink pipeline project on Wet'suwet'en territories," Chief Namoks, who also goes by the name John Risdale, said in a statement issued Wednesday. "This project already does not have free, prior and informed consent under Wet'suwet'en rule of law, and now is violating B.C laws."

However, the EAO said Thursday in an email that CGL "has since addressed the six conditions and is now in compliance with the conditions and requirements of its EAC."

Work in the area is continuing, CGL spokesperson Suzanna Wilton said in an email.

"Activities in the area south of Houston are progressing and on track with grading and clearing well underway, along with road maintenance and cleanup," she said.

It was the latest development in an ongoing conflict between the Office of the Wet'suwet'en and CGL, which is carrying out pre-construction work in the area after securing an interim injunction prohibiting project opponents from interfering with the work.

All five elected band councils within the Wet'suwet'en's traditional territory have reached benefit agreements with CGL and are in support of the $6.2-billion project to deliver natural gas from the B.C. Peace to the LNG Canada facility planned for a site near Kitimat. Combined, the projects are worth about $40 billion.

However, the hereditary chiefs counter that the band councils' jurisdictions are limited to their respective reserve lands and that they have authority over the rest of the 22,000-square-kilometre territory.

Dating back to 2012 and Enbridge's failed effort to push through the Northern Gateway pipeline, which would have transported bitumen from Alberta to Kitimat, the Unist'ot'en have had a checkpoint in place at the Morice River bridge along the forest service road of the same name.

The Unist'ot'en is affiliated with Dark House, one of 13 hereditary house groups belonging to the Wet'suwet'en Nation.

In December, CGL secured an interlocutory or interim injunction ordering protesters to let workers through to carry out pre-construction work - repairing and upgrading roads and culverts, clearing the corridor of trees and establishing a work camp - while also giving opponents time to prepare legal arguments against a permanent injunction in advance of the main work, scheduled for summer 2021.

On Tuesday, a book of authorities was filed by the opponents in B.C. Supreme Court in Prince George - two days before a deadline to file materials on the issue under the terms issued as part of the interim order. In turn, a hearing on the matter is to be held by no later than May 1, unless the parties agree otherwise.

As well, the 14 people arrested in early January when RCMP moved in to take down a protest camp further north on the Morice River Forest Service Road after the order was expanded to cover two entire forest service roads are to appear in court in Prince George on Monday.

They each face a charge of civil contempt of court. One of those arrested has applied to have the proceeding moved to Smithers, saying the trip to Prince George for the hearing is a hardship and expense and a safety issue in the winter.