TransCanada has lost its bid to abolish the blockade of the Keystone XL gas pipeline – a development that could delay projects worth $ 8 billion for another year.
The company based in Calgary and the US State Department filed an "urgent" request to try to lift the ban that prevents works before construction.
However, on Friday, the Appellate Court in the ninth district of the United States rejected the claim.
In court documents, TransCanada said the postponement after March 15 could return the project back all year from the scheduled end date of 2021, which cost the company hundreds of millions of dollars of lost profits.
After the decision, TransCanada stated in the statement that "we are currently evaluating the decision and considering our possibilities as we progress".
& # 39; Most Important Decision & # 39;
Attorney Stephan Volker, representing the Indigenous Environment Network and the North Bank Coastal Alliance, both of the project's opponents, called the decision of the Appellate Court "key".
"That's extraordinary," Volker told CBC News. "I think this is the most important verdict in this case."
Volker believes the decision is crucial because he does not believe US President Donald Trump will be re-elected and said no other administration will sign such an "ecologically disastrous project".
"I think it is very unlikely that the United States Supreme Court will overturn this decision," Volker added.
Oil Pipeline Keystone XL would carry 830,000 barrels of crude oil a day Hardisty, Alta. in Nebraska. The pipeline would then be linked to the original Keystone that takes place at refineries in Texas.
For the first time released in 2005, the project was caught in uncertainty after it came to a significant political, ecological and indigenous opposition.
Obama administration denied Keystone XL Trump breathed life into the project after giving his presidential thumbs.
Last August, the project met with another failure when American Justice District Court Brian Morris ordered the US State Department to make a complete environmental assessment of the revised route for Keystone XL pipeline.
In November, Morris temporarily stopped work before construction until the US State Department completed a supplemental review, including possible adverse effects on climate change and wildlife.
The following month, the Montana court granted the company permission to resume works prior to construction, such as engineering, contract award, and holding meetings.
However, according to one submission submitted to the court in January, TransCanada had to release about 650 workers who worked on pre-construction works contracts, such as works on construction sites and job camp preparation.
In February, the company appealed to the Appellate Court to grant her release of the court banning, seeking a decision by March 15th.
"Very significant damage"
In a lawsuit filed earlier this year, a TransCanada The executive has said the March date is key to starting construction by August. Failure to meet the deadline means "they will not be able to do any construction in 2019."
"The one-year delay in planning the construction would have very significant consequences TransCanada" NorrieRamsay. TransCanada's Senior Vice President of Technical Center and Liquid Projects, wrote on Friday in January.
Ramsay estimated that a one-year delay would have resulted in a loss of EBITDA of around $ 949 million between March 2021 and March 2022 on the basis of the minimum obligation of the forwarder to "take or pay".
"In addition, a one-year delay in pipeline construction would cause significant damage to third parties, including US workers and TransCanada clients relying on the current start date of the project," Ramsay said at the time,