Enbridge faces four key permitting and legal hurdles:
1 Enbridge must meet 209 conditions of federal approval, many of
them before construction starts. The Panel concluded that the
environmental burden of the pipeline could be effectively mitigated
by complying with these conditions, including: (i) developing
Caribou Habitat and Marine Mammal Restoration Plans; (ii) preparing
spill modelling and response plans; (iii) providing financial
assurance including non-conditional irrevocable letters of credit;
and (iv) entering into Transportation Service Agreements
demonstrating sufficient commercial support for the pipeline.
2 Enbridge must obtain numerous permits from British Columbia
and meet the five conditions B.C. has announced including the
following key conditions: (i) deploying world leading marine oil
response, prevention and recovery; (ii) using world leading
practices for prevention of land oil spills; (iii) addressing legal
requirements for Aboriginal and treaty rights; and (iv) ensuring
B.C. gets a fair share of the economic benefits of the
3 Enbridge and the Federal Government must respond to the five
ongoing litigation cases that have been commenced and to potential
new litigation from Aboriginal communities and environmental
groups. First Nations are alleging that the project's
environmental impacts threaten their social, cultural and economic
well-being, and that the Crown has yet to adequately meet its duty
4 Enbridge must build trust with Aboriginal communities. While
many of the 209 conditions relate to Aboriginal consultation, The
Honourable Greg Rickford, Canada's Minister for Natural
Resources, singled out Aboriginal consultation as an ongoing
concern. Mr. Rickford noted that "the proponent clearly has
more work to do in order to fulfill the public commitment it made
to engage with Aboriginal groups and local communities along the
route." Successful engagement with Aboriginal communities
depends on a proponent having early and meaningful conversations
and a demonstrated intention to respond to concerns. While it may
not be too late to win their support, Enbridge has a big hill to
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