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VANCOUVER:Living Oceans has stated in a submission to the National Energy Board (NEB) that Trans Mountain cannot commence construction until it fulfills a condition set by the NEB to show commercial support.

The groups submitted a motion to the Federal Court of Appeal this morning, asking for leave to launch a judicial review of Cabinet’s decision.

They argue that Cabinet failed to comply with its responsibility to protect critically endangered Southern Resident killer whales when it re-approved the project on June 18, 2019.

Living Oceans is appalled by the re-approval of the Trans Mountain Pipeline project, coming as it does hard on the heels of a declaration by the federal government of a climate emergency.