The City of Burnaby is appealing a National Energy Board order that allows Kinder Morgan to survey Burnaby Mountain for a new pipeline route, against the city's wishes.
The appeal is the latest development in a long legal battle between the City of Burnaby and Kinder Morgan, which wants to run the pipeline through the conservation area but must first survey the land to see if the route is feasible.
"We want to strike down the NEB ruling altogether," said the city's lawyer Greg McDade. "We think this is a matter that has to be decided by a higher court."
McDade said the appeal will be filed with the Federal Court of Appeal sometime this week and that the city and mayor are "leaving no stone unturned" in their efforts to protect the conservation area.
Kinder Morgan plans to resume work on Wednesday. An interim order could take some time, McDade explained, and the only thing now standing in the company's way is a handful of protesters keeping watch on the mountain.
"In the meantime, this is up to the citizens. The NEB order binds Burnaby, but it doesn't bind anyone else," McDade said.
Last Thursday, the National Energy Board issued the order, which means the city cannot stop Kinder Morgan from working on the mountain, even though it's municipal land and Burnaby is opposed to the expansion. Mayor Derek Corrigan was not surprised by the news and said the NEB process was deeply flawed.
"It's not surprising they will attempt to extend their authority to run our city," he said.
Meanwhile, protesters are standing guard on the mountain, ready to block Kinder Morgan if the company resumes work. They've built a makeshift camp and have set up signs.
The NOW will be on the mountain on Wednesday. Keep checking our site for updates, and follow Jennifer Moreau on Twitter: @JenniferMoreau.
