Investing in Kinder Morgan:
Worth the Risk?

• “Major Projects, Including the Trans Mountain Expansion Project, May Be Inhibited, Delayed or Stopped.”

Kinder Morgan Canada Ltd. Preliminary Prospectus, 2017, p. 28

This briefing note summarizes some of the legal risks facing Kinder Morgan’s Trans Mountain Expansion Project. It includes a summary of ongoing litigation and a discussion about additional legal risks, including developments in Canadian, International, and Indigenous law. 

Potential investors should note that legal challenges similar to those filed against the Project resulted in the cancellation of Federal approval of the Enbridge Northern Gateway project in 2016. 

LEGAL BRIEF

FPW SCORECARD

A major hurdle for the project appears to be Legal Risk. the project is the target of 18 separate lawsuits (11 from First Nations, 4 from cities, and 3 from environmental NGOs). Many of the lawsuits use the same arguments that led to the cancellation of the Northern Gateway Pipeline in 2016.

READ THE KINDER MORGAN ASSESSMENT REPORT

The proposed Kinder Morgan pipeline and tanker project lies within the Consultation Area of the Tsleil-Waututh Nation. Therefore, it was necessary that we carried out our own assessment of the proposed project under our Stewardship Policy. The Kinder Morgan assessment report provides a summary of our appraisal of the components of the proposed Kinder Morgan pipeline and tanker project. It describes the seriousness of the potential effects of the proposed Kinder Morgan pipeline and tanker project on Tsleil-Waututh title, rights, and interests.

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Sacred Trust Initiative
Tsleil-Waututh Nation
         sacredtrust@twnation.ca

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