Environmental Comparison of Pipelines in Canada and the U.S.

Dean F. Mutrie and Karl B. Gilmore

Although the environmental issues involved in pipeline construction are relatively similar in Canada and the U.S., the regulatory approaches are substantially different. Based on the author’s experience with environmental permitting of pipelines across Canada and the western U.S., this paper compares pipelines on a federal (NEB vs FERC) and provincial/state (Alberta vs Montana) basis. The paper reviews current practice involving regulatory requirements, environmental impact assessment as well as environmental mitigation planning and construction practices in the respective jurisdictions. Similarities and differences are highlighted regarding treatment of threatened and endangered species, cultural resources, wetlands, water crossings, topsoil conservation, environmental inspection and training, compliance enforcement and agency compensation. The paper concludes that there is a high degree of environmental protection achieved on pipeline projects in both countries but that the regulatory process is becoming increasingly complicated, particularly in Canada where the recently proclaimed Canadian Environmental Assessment Act and other new federal and provincial guidelines and legislation have introduced uncertainty. Lessons which can be learned from each country are identified.

Keywords: Pipelines, environment, Canada, United States, permitting, assessment, mitigation, construction, inspection