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ARTICLE · 22 JULY 2020

Chronicling The Trans Mountain Expansion Project's Path To Legal Certainty

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The Supreme Court of Canada ("SCC") will not hear appeals by three First Nations seeking to overturn the federal government's second approval of the Trans Mountain Expansion Project...

CanadaGovernment, Public Sector
Bridget Gilbride
Bridget Gilbride
Niall Rand
Niall Rand
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The Supreme Court of Canada ("SCC") will not hear appeals by three First Nations seeking to overturn the federal government's second approval of the Trans Mountain Expansion Project (the "Project" or "TMX"). The First Nations were seeking to appeal the February 2020 decision of the Federal Court of Appeal, which found the government's second round of consultation related to the Project to be sufficient. With this dismissal, there are no longer any outstanding legal challenges to the Project.

Below we provide an outline of the legal challenges the Project has faced since it was proposed in 2013.

The Long Road to Certainty

In December 2013, Trans Mountain applied to the National Energy Board ("NEB") for permission to build and operate the Project.

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