Energy
Transmountain Pipeline Expansion Project a success?
From the Frontier Centre for Public Policy
The Transmountain Mountain Pipeline expansion project (TMEP) was completed on May 01, 2024. Its startup the following month ended an eleven-year saga of tectonic federal energy policy initiatives, climate change requirements, federal regulatory restructuring, and indigenous reconciliation. That it was finished at all is a triumph, but there was muted celebration.
The original proponent for TMEP was Kinder Morgan (KM), who filed its application with the federal energy regulator in 2013. The expansion would be constructed in the existing right of way of the existing pipeline and increase capacity from 300,000 barrels of oil and refined products to 890,000 barrels of oil per day. This included expansion of the existing dock and loading facilities. Protests began virtually the next day. The cost estimate at that time was $7.4 billion for the 1,150 km pipeline and related facilities. The federal regulator and the federal government approved the project in 2016.
Between 2016 and 2018, the intensity of the protests against TMEP and a new government formed in British Columbia that vowed it would use any means possible to make sure TMX would not be built created significant hurdles. KM warned that the protest’s impact and B.C.’s regulatory and legal challenges were creating significant uncertainty, and the project would be delayed at least a year, stopping all non-essential spending. Ultimately KM decided it would not continue with the project because of the increased execution risk and cost to complete the project that the legal and regulatory challenges, and increasing protests, posed.
The project’s shelving by KM led to the federal government acquiring all the Kinder Morgan assets, including TM for $4.7 billion in 2018. Construction then began in 2019. The execution risks remained the same with the legal and regulatory challenges. They were compounded by a legal challenge to the substance of the federal government’s consultation with indigenous people, which was their constitutional duty. The courts agreed that the federal government had not met its constitutional duty to consult and ordered that it be redone. This led to further delays and in 2020 the cost estimate increased to $12.6 billion, then increased again to $21.4 billion in 2022. Ultimately, the federal regulator imposed 157 conditions on TMEP that it had to meet before it could operate.
COVID, extensive flooding and regulatory delays led to a further cost increase up to $30.9 billion in 2023. The final updated cost increased to $34 billion in 2024 due to labour costs, inflation, and materials delays.
The foregoing “Coles notes” version of events sets out the challenges endured by TMX as of Thursday, May 23, 2024. It also highlights that delays in a major project like TMEP have a massive impact on costs. But what gets lost in all this is that in 2013 KM, a public company, made a commercial decision to proceed with the project. There was and still is a huge market pull for the pipeline and the incremental oil volumes. There is huge economic and strategic value for Canada that will benefit all sectors of the economy and indigenous communities, who will most likely end with significant pipeline ownership.
Market access for Canada’s oil production in the Pacific markets will change the oil trading dynamics and value for Canadian production. Canada has the third largest oil reserves in the world. Canada is among the best in its class for environmental, safety, social and governance of its energy production. Canada is also among the best in pipeline construction and safety. So, who best to execute a monumental project like TMX?
We need to reflect and admire the skill, diligence, and perseverance of everyone involved with bringing to fruition TMX as a world class, state of the art major piece of energy infrastructure.
Yes, TMX is a success but the process through which it had to persevere was a failure and we should reflect and learn from it. In the end, despite the final cost, Canada will reap the economic benefits from TMX for decades because the world needs oil and Canada has lots of it.
Chris Bloomer is a board member of FCPP and the former president and CEO of the Canadian Energy Pipeline Association. He has held senior executive positions in the energy industry in Canada and internationally.
Daily Caller
US Supreme Court Has Chance To End Climate Lawfare

From the Daily Caller News Foundation
All eyes will be on the Supreme Court later this week when the justices conference on Friday to decide whether to grant a petition for writ of certiorari on a high-stakes climate lawsuit out of Colorado. The case is a part of the long-running lawfare campaign seeking to extract billions of dollars in jury awards from oil companies on claims of nebulous damages caused by carbon emissions.
In Suncor Energy (U.S.A.) Inc., et al. v. County Commissioners of Boulder County, major American energy companies are asking the Supreme Court to decide whether federal law precludes state law nuisance claims targeting interstate and global emissions. This comes as the City and County of Boulder, Colo. sued a long list of energy companies under Colorado state nuisance law for alleged impacts from global climate change.
The Colorado Supreme Court allowed a lower state trial court decision to go through, improbably finding that federal law did not preempt state law claims. The central question hangs on whether the federal Clean Air Act (CAA) preempts state common law public nuisance claims related to the regulation of carbon emissions. In this case, as in at least 10 other cases that have been decided in favor of the defendant companies, the CAA clearly does preempt Colorado law. It seems inevitable that the Supreme Court, if it grants the cert petition, would make the same ruling.
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Such a finding by the Supreme Court would reinforce a 2021 ruling by the Second Circuit Appeals Court that also upheld this longstanding principle of federal law. In City of New York v. Chevron Corp. (2021), the Second Circuit ruled that municipalities may not use state tort law to hold multinational companies liable for climate damages, since global warming is a uniquely international concern that touches upon issues of federalism and foreign policy. Consequently, the court called for the explicit application of federal common law, with the CAA granting the Environmental Protection Agency – not federal courts – the authority to regulate domestic greenhouse gas emissions. This Supreme Court, with its 6-3 conservative majority, should weigh in here and find in the same way.
Boulder-associated attorneys have become increasingly open to acknowledging the judicial lawfare inherent in their case, as they try to supplant federal regulatory jurisdiction with litigation meant to force higher energy prices rise for consumers. David Bookbinder, an environmental lawyer associated with the Boulder legal team, said the quiet part out loud in a recent Federalist Society webinar titled “Can State Courts Set Global Climate Policy. “Tort liability is an indirect carbon tax,” Bookbinder stated plainly. “You sue an oil company, an oil company is liable. The oil company then passes that liability on to the people who are buying its products … The people who buy those products are now going to be paying for the cost imposed by those products.”
Oh.
While Bookbinder recently distanced himself from the case, no notice of withdrawal had appeared in the court’s records as of this writing. Bookbinder also writes that “Gas prices and climate change policy have become political footballs because neither party in Congress has had the courage to stand up to the oil and gas lobby. Both sides fear the spin machine, so consumers get stuck paying the bill.”
Let’s be honest: The “spin machine” works in all directions. Make no mistake about it, consumers are already getting stuck paying the bill related to this long running lawfare campaign even though the defendants have repeatedly been found not to be liable in case after case. The many millions of dollars in needless legal costs sustained by the dozens of defendants named in these cases ultimately get passed to consumers via higher energy costs. This isn’t some evil conspiracy by the oil companies: It is Business Management 101.
Because the climate alarm lobby hasn’t been able to force its long-sought national carbon tax through the legislative process, sympathetic activists and plaintiff firms now pursue this backdoor effort in the nation’s courts. But their problem is that the law on this is crystal clear, and it is long past time for the Supreme Court to step in and put a stop to this serial abuse of the system.
David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.
Alberta
The case for expanding Canada’s energy exports
From the Canadian Energy Centre
For Canada, the path to a stronger economy — and stronger global influence — runs through energy.
That’s the view of David Detomasi, a professor at the Smith School of Business at Queen’s University.
Detomasi, author of Profits and Power: Navigating the Politics and Geopolitics of Oil, argues that there is a moral case for developing Canada’s energy, both for Canadians and the world.
CEC: What does being an energy superpower mean to you?
DD: It means Canada is strong enough to affect the system as a whole by its choices.
There is something really valuable about Canada’s — and Alberta’s — way of producing carbon energy that goes beyond just the monetary rewards.
CEC: You talk about the moral case for developing Canada’s energy. What do you mean?
DD: I think the default assumption in public rhetoric is that the environmental movement is the only voice speaking for the moral betterment of the world. That needs to be challenged.
That public rhetoric is that the act of cultivating a powerful, effective economic engine is somehow wrong or bad, and that efforts to create wealth are somehow morally tainted.
I think that’s dead wrong. Economic growth is morally good, and we should foster it.
Economic growth generates money, and you can’t do anything you want to do in social expenditures without that engine.
Economic growth is critical to doing all the other things we want to do as Canadians, like having a publicly funded health care system or providing transfer payments to less well-off provinces.
Over the last 10 years, many people in Canada came to equate moral leadership with getting off of oil and gas as quickly as possible. I think that is a mistake, and far too narrow.
Instead, I think moral leadership means you play that game, you play it well, and you do it in our interest, in the Canadian way.
We need a solid base of economic prosperity in this country first, and then we can help others.
CEC: Why is it important to expand Canada’s energy trade?
DD: Canada is, and has always been, a trading nation, because we’ve got a lot of geography and not that many people.
If we don’t trade what we have with the outside world, we aren’t going to be able to develop economically, because we don’t have the internal size and capacity.
Historically, most of that trade has been with the United States. Geography and history mean it will always be our primary trade partner.
But the United States clearly can be an unreliable partner. Free and open trade matters more to Canada than it does to the U.S. Indeed, a big chunk of the American people is skeptical of participating in a global trading system.
As the United States perhaps withdraws from the international trading and investment system, there’s room for Canada to reinforce it in places where we can use our resource advantages to build new, stronger relationships.
One of these is Europe, which still imports a lot of gas. We can also build positive relationships with the enormous emerging markets of China and India, both of whom want and will need enormous supplies of energy for many decades.
I would like to be able to offer partners the alternative option of buying Canadian energy so that they are less reliant on, say, Iranian or Russian energy.
Canada can also maybe eventually help the two billion people in the world currently without energy access.
CEC: What benefits could Canadians gain by becoming an energy superpower?
DD: The first and primary responsibility of our federal government is to look after Canada. At the end of the day, the goal is to improve Canada’s welfare and enhance its sovereignty.
More carbon energy development helps Canada. We have massive debt, an investment crisis and productivity problems that we’ve been talking about forever. Economic and job growth are weak.
Solving these will require profitable and productive industries. We don’t have so many economic strengths in this country that we can voluntarily ignore or constrain one of our biggest industries.
The economic benefits pay for things that make you stronger as a country.
They make you more resilient on the social welfare front and make increasing defence expenditures, which we sorely need, more affordable. It allows us to manage the debt that we’re running up, and supports deals for Canada’s Indigenous peoples.
CEC: Are there specific projects that you advocate for to make Canada an energy superpower?
DD: Canada’s energy needs egress, and getting it out to places other than the United States. That means more transport and port facilities to Canada’s coasts.
We also need domestic energy transport networks. People don’t know this, but a big chunk of Ontario’s oil supply runs through Michigan, posing a latent security risk to Ontario’s energy security.
We need to change the perception that pipelines are evil. There’s a spiderweb of them across the globe, and more are being built.
Building pipelines here, with Canadian technology and know-how, builds our competitiveness and enhances our sovereignty.
Economic growth enhances sovereignty and provides the resources to do other things. We should applaud and encourage it, and the carbon energy sector can lead the way.
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