It's not the end of the legal war over Kinder Morgan's Trans Mountain Pipeline Expansion (TMX) project.

But today, three parties involved in the fight lost a major battle with the Texas energy giant and the province in B.C. Supreme Court.

One of the two decisions means that City of Vancouver taxpayers are on the hook for Trans Mountain Pipeline ULC's legal costs.

That's because Justice Christopher Grauer dismissed the city's application for judicial review of the B.C. Liberal government's decision in January 2017 to issue an environmental assessment certificate, with conditions.

"This case is not about whether the TMX should or should not go ahead," Grauer wrote. "It is not about whether the TMX is in the national interest, or presents an unacceptable risk of environmental harm. These are policy issues, to be determined by the elected representatives of the people.

"This case is not about the adequacy of the National Energy Board [NEB] process, nor does it resolve or define beyond currently settled law the constitutional limits on what either British Columbia or Alberta can or cannot do in relation to the project," Grauer continued. "These are questions under consideration by higher courts than this one.

"What this case does concern is whether British Columbia complied with administrative law principles and its own legislation in deciding to issue an EAC to the project. It can have no impact on the decision of the federal government that this project shall proceed, other than delay."

The city alleged that the Christy Clark government "failed to engage in proper public consultation, acted unreasonably and in breach of its duty of procedural fairness, and failed to follow the process set out in both the Environmental Assessment Act...and the EAA Public Consultation Policy Regulation".

Grauer, however, found that this situation was "closely analogous" to the Peace Valley Landowner Association's application for judicial review of the Site C dam approval by the Christy Clark government, which was also blown out of court.

The city has issued a statement saying it's reviewing whether to appeal Grauer's decision.

Squamish case concerned section 35 rights

The Squamish Nation and hereditary chief Ian Campbell also filed a judicial-review application of the province's decision to award an environmental approval certificate to the Trans Mountain Pipeline.

Campbell recently announced that he's seeking a mayoral nomination with Vision Vancouver. This position became open after Mayor Gregor Robertson announced that he won't seek reelection.

Grauer also presided over this case, noting that it concerned whether the province "fulfilled its undoubted duty to consult Squamish in relation" to this.

"In this case, Squamish founds its petition on what it maintains was a fundamental failure of the process of consultation and accommodation to which it was constitutionally entitled in relation to the potential impacts of the TMX on its Aboriginal rights within areas of provincial jurisdiction," Grauer wrote. "Although it raises five issues for judicial review...Squamish relies particularly on the proposition that adequate consultation required British Columbia to take reasonable steps to fill the information deficiencies that remained from the NEB process, which the NEB had deferred through project conditions. 

"Such steps were necessary Squamish asserts, in order to permit Squamish to assess appropriately the potential impacts of the TMX on its Aboriginal interests," the judge continued." Squamish says that British Columbia ought to have enabled this by ordering a further assessment."

In dismissing the claim, Grauer wrote that consultation and accommodation were "sufficient" to satisfy section 35 of the Constitution Act, 1982, which recognizes and affirms existing Aboriginal and treaty rights of the Aboriginal peoples of Canada.

In a statement, the Squamish Nation expressed disappointment in the outcome, but noted that it will not have an impact on a more significant Federal Court of Appeal case regarding the federal approval of the project.

"This decision does not change our position on the Texas-based Kinder Morgan project," elected Squamish councillor Khelsilem said. "The Kinder Morgan pipeline would triple the capacity of diluted bitumen and is expected to increase the number of tankers from five to 35 each month.

"The tankers pass by three Squamish Nation communities on the Burrard Inlet, and a marine spill could be catastrophic for our communities, our economy, and our home as a Squamish people."

Attorney General David Eby also said in a statement that the two B.C. Supreme Court rulings have no impact on First Nations challenging the federal approval of the pipeline.

"As there may be appeals in these cases, they remain before the courts, and we have no further comment at this time," Eby said.

An environmental group that opposes the pipeline, Stand.earth, pointed out in a news release that 22 municipalities and 150 First Nations joined the Treaty Alliance Against Tar Sands Expansion, which opposes the Kinder Morgan project.

“Kinder Morgan still faces insurmountable challenges to building this pipeline—from an upcoming federal court decision to spooked investors and dedicated grassroots opposition," Stand.earth deputy director Tzeporah Berman said. "This pipeline will not be built.”