Energy Justice and Canada’s National Energy Board: A Critical Analysis of the Line 9 Pipeline Decision

Abstract

This paper investigates the values and priorities reflected in a Canadian pipeline review: The National Energy Board (NEB) decision on Line 9. Theories of energy justice guided analysis of evidence presented at NEB hearings, the NEB’s explanation of its decision, and a Supreme Court challenge. We find that several aspects of energy justice were weak in the NEB process. First, a project-specific scope obstructed the pursuit of equity within and between generations: the pipeline’s contributions to climate change, impacts of the oil sands, and cumulative encroachment on Indigenous lands were excluded from review. Second, the NEB created a hierarchy of knowledge: it considered evidence of potential spill impacts as hypothetical while accepting as fact the proponent’s claim that it could prevent and manage spills. Third, recognition of diversity remained elusive: Indigenous nations’ dissatisfaction with the process challenged the NEB’s interpretation of meaningful consultation and procedural fairness. To address the challenges of climate change and reconciliation between Indigenous and settler nations, it is crucial to identify which kinds of evidence decision-makers recognize as valid and which they exclude. Ideas from energy justice can help support actions to improve the public acceptability of energy decisions, as well as to foster greater Indigenous autonomy.

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